Free Motion to Vacate - District Court of California - California

Case 3:07-cv-04913-SC

Document 54

Filed 02/26/2008

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1 BRYAN CAVE LLP Jennifer A. Jackson (SBN 192998) 2 120 Broadway, Suite 300 3 Santa Monica, California 90401-2386 Telephone: (310) 576-2100 4 Facsimile: (310) 576-2200 5 [email protected] 6 BRYAN CAVE LLP Robert J. Hoffman (Pro Hac Vice) 7 Tarun Mehta (Pro Hac Vice) 8 3500 One Kansas City Place 1200 Main Street 9 Kansas City, Missouri 64105 10 Telephone: (816) 374-3200 Facsimile : (816) 374-3300 11 Attorneys for Defendant 12 GFSI, INC. d/b/a GEAR FOR SPORTS, INC. 13 IN THE UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 15 16 ROBERT TRENT JONES II, INC., and ROBERT TRENT JONES LICENSING 17 GROUP, LLC, 18 19 20 v. HEARING DATE: MARCH 21, 2008 10:00 A.M. COURTROOM 1 Plaintiffs, JUDGE SAMUEL CONTI Case No. C07-04913-EDL DEFENDANT'S MOTION TO VACATE ORDER TO MEDIATE

Bryan Cave LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386

21 GFSI, INC. d/b/a GEAR FOR SPORTS, INC., 22 23 24 25 26 27 28
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Defendant.

DEFENDANT'S MOTION TO QUASH THE ORDER TO MEDIATE.

Case 3:07-cv-04913-SC

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Filed 02/26/2008

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Pursuant to Federal Rules of Civil Procedure 7, and N.D. California Local

2 Rules 7.1 and 7.2, Defendant GFSI, Inc., d/b/a Gear For Sports, Inc. ("GFSI") submits the 3 following Motion to Quash the Order to Mediate in this Case, and states in support of such 4 5 6 Licensing Group, LLC (collectively, "Plaintiffs"), and states in support of such Motion the Motion the following: Plaintiffs Robert Trent Jones II, Inc., and Robert Trent Jones

7 following: 8 9 10 11
Bryan Cave LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386

1.

Plaintiffs Robert Trent Jones II, Inc., and Robert Trent Jones

Licensing Group, LLC (collectively, "Plaintiffs") filed their Complaint in this matter on September 21, 2007, and served GFSI on October 12, 2007. GFSI filed its answer on

12 November 1, 2007. 13 14 15 16 3. Plaintiffs filed a Motion for a Preliminary Injunction on December 3, 2. An Order to Mediate was filed as Document Number 32 in this case,

on December 19, 2007.

17 2007, for which a hearing was held on January 24, 2008. 18 19 20 21 22 to grant a Motion to Vacate the Order to Mediate if the parties desired. 5. The parties have attempted to resolve this dispute amongst themselves 4. At the hearing, Judge Conti suggested that this may be a case in which

there would be no likely advantage to mediation, and he indicated that he would be willing

23 and GFSI expects those discussions to continue. However, GFSI does not believe that 24 25 26 and fully understand the risks and potential advantages of continued litigation as well as 27 their potential liabilities and costs. 28
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mediation will be helpful in this case, as both parties are well-represented, non-emotional

DEFENDANT'S MOTION TO QUASH THE ORDER TO MEDIATE.

Case 3:07-cv-04913-SC

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6.

GFSI believes that requiring mediation in this case will merely add to

2 its costs and will not materially advance the likelihood of settlement. 3 4 5 6 8. Pursuant to N.D. Cal. Civil L.R. 7.1(b), GFSI requests that this 7. GFSI therefore requests that this Court vacate its Order of Mediation.

A proposed Order is attached.

7 Motion be ruled on without oral argument. 8 9 10 11
Bryan Cave LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386

CONCLUSION For the reasons outlined above, GFSI requests that this Court grant its Motion to Vacate the Order of Mediation.

12 13 Dated: February 26, 2008 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Respectfully submitted, BRYAN CAVE LLP Jennifer A. Jackson Robert J. Hoffman Tarun Mehta

By: s/Tarun Mehta Tarun Mehta

Attorneys for Defendant GFSI, INC. d/b/a GEAR FOR SPORTS, INC.

DEFENDANT'S MOTION TO QUASH THE ORDER TO MEDIATE.

Case 3:07-cv-04913-SC

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Filed 02/26/2008

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Bryan Cave LLP 120 Broadway, Suite 300 Santa Monica, California 90401-2386

PROOF OF SERVICE I am employed in the County of Jackson, State of Missouri. I am over the age of 18 and not a party to the within action. My business address is 1200 Main Street, Suite 3500, Kansas City, MO 64105. On February 26, 2008, I served DEFENDANT'S MOTION TO VACATE ORDER TO MEDIATE, on each interested party in this action, as follows: Richard Levine Levine & Baker One Maritime Plaza, Suite 400 San Francisco, CA 94111 Joseph V. Norvell (pro hac vice) Joseph T. Kucala (pro hac vice) Jay M. Burgett ( pro hac vice) Norvell IP llc 1776 Ash Street Northfield, IL 60093 Attorneys for Plaintiff Tel:415-391-8177 Fax: 415-391-8848 Email: [email protected] Attorneys for Plaintiff Tel: 630-453-8380 Fax: 312-268-5063 Email: [email protected]

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(BY MAIL) I placed a true copy of the foregoing document in a sealed envelope addressed to each interested party as set forth above. I placed each such envelope, with postage thereon fully prepaid, for collection and mailing at Bryan Cave LLP, Kansas City, Missouri. I am readily familiar with Bryan Cave LLP's practice for collection and processing of correspondence for mailing with the United States Postal Service. Under that practice, the correspondence would be deposited in the United States Postal Service on that same day in the ordinary course of business. (BY E-MAIL) I caused a true copy of the foregoing document to be served by e-mail transmission at the time shown on each transmission, to each interested party at the e-mail address shown above. Each transmission was reported as complete and without error. Executed on February 15, 2008, at Kansas City, Missouri. (FEDERAL ONLY) I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America and the State of Missouri that the foregoing is true and correct. /s/ Lisa Deacy ____________________ Lisa Deacy