*******6699
01/10/2014
Not Classified By Court
Contract - Business
San Francisco, California
GANADERIA BRASIL INDUSTRIA E COMERCIO DE ACESSORIO DE MODA LIMITADA
DOES 1 TO 100
LEVI STRAUSS & CO.
NICHOLS, MARYANN
LEVI STRAUSS DE ESPANA, S.A.
STEIN, JOTHAM SHEPARD
GILCHRIST, GREGORY STEWART
Attorney at KILPATRICK TOWNSEND & STOCKTON LLP
Two Embarcadero Center, 8Th Fl
San Francisco, CA 94111
DECLARATION OF RYAN BRICKER IN SUPPORT OF DEFENDANT LEVI STRAUSS & CO. AND DEFENDANT MARYANN NICHOL'S MOTION TO COMPEL ARBITRATION, OR IN THE ALTERNATIVE STAY LITIGATION PENDING ARBITRATION (TRANSACTION ID # 55824636) FILED BY DEFENDANT LEVI STRAUSS & CO. NICHOLS, MARYANN
CASE MANAGEMENT CONFERENCE OF OCT-15-2014 CONTINUED TO NOV-26-2014 AT 10:30 AM IN DEPARTMENT 610. NOTICE SENT BY COURT.
REPLY IN SUPPORT OF MOTION TO COMPEL ARBITRATION OR, IN THE ALTERNATIVE, STAY LITIGATION PENDING ARBITRATION (TRANSACTION ID # 56078500) FILED BY DEFENDANT LEVI STRAUSS & CO. NICHOLS, MARYANN
DEFENDANT LEVI STRAUSS & CO. AND DEFENDANT MARYANN NICHOL'S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION, OR IN THE ALTERNATIVE STAY LITIGATION PENDING ARBITRATION (TRANSACTION ID # 55824636) FILED BY DEFENDANT LEVI STRAUSS & CO. NICHOLS, MARYANN HEARING SET FOR SEP-30-2014 AT 09:30 AM IN DEPT 302 (Fee:60.00)
SUPPLEMENTAL DECLARATION OF GREGORY S. GILCHRIST IN SUPPORT OF MOTION FOR PROTECTIVE ORDER (TRANSACTION ID # 55498585) AS TO DEFENDANT NICHOLS, MARYANN
2ND AMENDED COMPLAINT DEMAND FOR JURY TRIAL (TRANSACTION ID # 55733302) FILED BY PLAINTIFF GANADERIA BRASIL INDUSTRIA E COMERCIO DE ACESSORIO DE MODA LIMITADA AS TO DEFENDANT LEVI STRAUSS & CO. DOES 1 TO 100 NICHOLS, MARYANN
CASE MANAGEMENT STATEMENT (TRANSACTION ID # 100006315) FILED BY PLAINTIFF GANADERIA BRASIL INDUSTRIA E COMERCIO DE ACESSORIO DE MODA LIMITADA JURY DEMANDED
REPLY IN SUPPORT OF LAW OFFICES OF JOTHAM S. STEIN P.C.?S MOTION TO BE RELIEVED AS COUNSEL - CIVIL (TRANSACTION ID # 100008778) FILED BY PLAINTIFF GANADERIA BRASIL INDUSTRIA E COMERCIO DE ACESSORIO DE MODA LIMITADA
REPLY IN SUPPORT OF DEFENDANTS' GENERAL DEMURRER TO COMPLAINT AND, ALTERNATIVELY IN PART, PETITION FOR AN ORDER COMPELLING ARBITRATION AND FOR STAY (TRANSACTION ID # 55405144) FILED BY DEFENDANT LEVI STRAUSS & CO. NICHOLS, MARYANN
CASE MANAGEMENT CONFERENCE OF APR-20-2016 IS OFF CALENDAR. JUDGMENT ON FILE. NOTICE SENT BY COURT.
NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED GRANTING PETITION TO CONFIRM ARBITRATION AWARD; FINAL JUDGMENT (TRANSACTION ID # 58663537) FILED BY DEFENDANT LEVI STRAUSS & CO. NICHOLS, MARYANN
THE COURT ORDERED THE FOLLOWING JUDGMENT ENTERED: IT IS ADJUDGED THAT DEFENDANT LEVI STRAUSS & CO. NICHOLS, MARYANN LEVI STRAUSS DE ESPANA, S.A. RECOVER FROM PLAINTIFF GANADERIA BRASIL INDUSTRIA E COMERCIO DE ACESSORIO DE MODA LIMITADA $1,386,800.18 PRINCIPAL, TOTAL JUDGMENT $1,386,800.18, EACH PARTY SHALL BEAR THEIR OWN COSTS AND FEES SEE SCANNED DOCUMENT FOR DETAILS
ORDER GRANTING PETITION TO CONFIRM ARBITRATION AWARD
PROOF OF SERVICE OF ORDER GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL, (TRANSACTION ID # 100014911): PRO PER SUBSTITUTED FOR STEIN, JOTHAM SHEPARD AS ATTORNEY FOR GANADERIA BRASIL INDUSTRIA E COMERCIO DE ACESSORIO DE MODA LIMITADA
CASE MANAGEMENT CONFERENCE OF MAR-09-2016 CONTINUED TO APR-20-2016 AT 10:30 AM IN DEPARTMENT 610 FOR PLAINTIFF'S COUNSEL TO FILE PROOF OF SERVICE OF ORDER GRANTING MOTION TO WITHDRAW. NOTICE SENT BY COURT.
MINI MINUTES FOR JAN-28-2016 09:30 AM FOR DEPT 302
MINI MINUTES FOR JAN-28-2016 09:30 AM FOR DEPT 302
ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL FOR THE PLAINTIFF
LAW AND MOTION 302, . ATTORNEY JOTHAM S. STEIN'S MOTION TO BE RELIEVED AS COUNSEL FOR PLAINTIFF GANADERIA BRASIL INDUSTRIA E COMERCIO DE ACESSORIO IS GRANTED. ORDER SIGNED IN OPEN COURT. JUDGE: ERNEST GOLDSMITH. CLERK: ROSIE NOGUERA. REPORTER: SHERRY SAWYER, CSR #5976. (302/EG)
PROOF OF SERVICE OF MOTION DEMURRER FILED BY DEFENDANT LEVI STRAUSS & CO. NICHOLS, MARYANN
DEMURRER TO 1ST AMENDED COMPLAINT, POINTS AND AUTHORITIES FILED BY DEFENDANT LEVI STRAUSS & CO. NICHOLS, MARYANN HEARING SET FOR MAY-05-2014 AT 09:30 AM IN DEPT 302 (Fee:60.00)
NTC OF MTN AND MTN FOR A PROTECTIVE ORDER REQUIRING PLTFS TO RETURN PRIVILEGED DOCUMENTS AND PROHIBITING FUTHER USE THEREOF, POINTS AND AUTHORITIES FILED BY DEFENDANT LEVI STRAUSS & CO. NICHOLS, MARYANN HEARING SET FOR MAY-05-2014 AT 09:30 AM IN DEPT 302 (Fee:900.00)
NOTICE AND ACKNOWLEDGMENT OF RECEIPT, SIGNED MAR-05-2014, SERVED MAR-03-2014 OF SUMMONS AND COMPLAINT (TRANSACTION ID # 55103849) FILED BY PLAINTIFF GANADERIA BRASIL INDUSTRIA E COMERCIO DE ACESSORIO DE MODA LIMITADA AS TO DEFENDANT NICHOLS, MARYANN
NOTICE AND ACKNOWLEDGMENT OF RECEIPT, SIGNED MAR-05-2014, SERVED MAR-03-2014 OF SUMMONS AND COMPLAINT (TRANSACTION ID # 55103849) FILED BY PLAINTIFF GANADERIA BRASIL INDUSTRIA E COMERCIO DE ACESSORIO DE MODA LIMITADA AS TO DEFENDANT LEVI STRAUSS & CO.
SUMMONS ISSUED TO PLAINTIFF GANADERIA BRASIL INDUSTRIA E COMERCIO DE ACESSORIO DE MODA LIMITADA
1ST AMENDED COMPLAINT (TRANSACTION ID # 55059948) FILED BY PLAINTIFF GANADERIA BRASIL INDUSTRIA E COMERCIO DE ACESSORIO DE MODA LIMITADA AS TO DEFENDANT LEVI STRAUSS & CO. DOES 1 TO 100 NICHOLS, MARYANN
JURY FEES DEPOSITED BY PLAINTIFF GANADERIA BRASIL INDUSTRIA E COMERCIO DE ACESSORIO DE MODA LIMITADA (Fee:150.00)
NOTICE TO PLAINTIFF
BUSINESS TORT, COMPLAINT FILED BY PLAINTIFF GANADERIA BRASIL INDUSTRIA E COMERCIO DE ACESSORIO DE MODA LIMITADA AS TO DEFENDANT LEVI STRAUSS & CO. DOES 1 TO 100 SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR JUN-11-2014 PROOF OF SERVICE DUE ON MAR-11-2014 CASE MANAGEMENT STATEMENT DUE ON MAY-19-2014 (Fee:450.00)
| Case Number: | *******6699 | |
| Case Title: | GANADERIA BRASIL INDUSTRIA E COMERCIO DE ACESSORIO VS. LEVI STRAUSS & CO. et al | |
| Court Date: | JUN-26-2014 09:30 AM | |
| Calendar Matter: | DEMURRER TO 1ST AMENDED COMPLAINT | |
| Rulings: | Matter on calendar for Thursday, June 26, 2014, Line 12, DEFENDANTS LEVI STRAUSS & CO. and MARYANN NICHOLS' DEMURRER TO 1ST AMENDED COMPLAINT.Demurrer is sustained in part and overruled in part. The Demurrer is overruled as to Defendant Nichols. Individual employees are immune from liability for corporate wrongs only if they do not authorize, direct, or in some meaningful sense actively participate in the wrongful conduct. (Asahi Kasei Pharma Corporation v. Actelion Ltd. (2013) 222 Cal.App.4th 945, 966.) The Demurrer is overruled as to causes of action one, five, and six. Defendants admit that they are not a parties to the contract at issue and do not assert themselves as agents of any contracting party, and they are therefore "strangers" to the contract. (Id. at 963-64.) The Demurrer as to the second, third, and fourth causes of action is sustained with twenty days leave to amend to permit Plaintiff to properly allege that Defendant is either a party to the contract or is liable under the alter ego doctrine. Finally, the Demurrer to the eighth cause of action is overruled as a Complaint may state a cause of action for injunctive relief. In light of the ruling on the Demurrer, the Court need not rule on the petition to compel arbitration and stay the other causes of action.Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4:00 p.m. stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The prevailing party is required to prepare a proposed order with the name and address of the prevailing party's counsel or the prevailing party if in pro per on the top left of the first page of proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing or email it to contestdept302tr@sftc.org prior to the hearing even if the motion is not opposed or the tentative ruling is not contested. =(302/EHG) |
| Case Number: | *******6699 | |
| Case Title: | GANADERIA BRASIL INDUSTRIA E COMERCIO DE ACESSORIO VS. LEVI STRAUSS & CO. et al | |
| Court Date: | OCT-10-2014 09:30 AM | |
| Calendar Matter: | Defendant Levi Strauss & Co. And Defendant Maryann Nichol'S Notice Of Motion And Motion To Compel Arbitration, Or In The Alternative Stay Litigation Pending Arbitration | |
| Rulings: | Matter on Calendar for Friday, October 10, 2014, Line 15, DEFENDANTS LEVI STRAUSS & CO. and MARYANN NICHOLS' Motion To Compel Arbitration, Or In The Alternative Stay Litigation Pending Arbitration Continued to October 22, 2014 by agreement of the parties. =(302/AJR) |
| Case Number: | *******6699 | |
| Case Title: | GANADERIA BRASIL INDUSTRIA E COMERCIO DE ACESSORIO VS. LEVI STRAUSS & CO. et al | |
| Court Date: | NOV-24-2015 09:30 AM | |
| Calendar Matter: | MOTION FOR WITHDRAWAL OF ATTORNEY OF RECORD | |
| Rulings: | Matter on Calendar for Tuesday, November 24, 2015, Line 4. PLAINTIFF GANADERIA BRASIL INDUSTRIA E COMERCIO DE ACESSORIO'S MOTION FOR WITHDRAWAL OF ATTORNEY OF RECORD.Jotham S. Stein's Motion for Withdrawal of Counsel is GRANTED. Whether Plaintiff's counsel withdraws will not foreclose Defendants' ability to confirm the arbitration award and enter judgment. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The prevailing party is required to prepare a proposed order with the name and address of the prevailing party's counsel or the prevailing party if pro per in the top left of the first page of proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing or email it to contestdept302tr@sftc.org prior to the hearing even if the motion is not opposed or the tentative ruling is not contested. =(302/EHG) |
| Case Number: | *******6699 | |
| Case Title: | GANADERIA BRASIL INDUSTRIA E COMERCIO DE ACESSORIO VS. LEVI STRAUSS & CO. et al | |
| Court Date: | JAN-20-2016 09:30 AM | |
| Calendar Matter: | Notice Of Petition To Confirm Arbitration Award And Enter Judgment Thereon | |
| Rulings: | Set for hearing on Wednesday, January 20, 2016, Line 5, DEFENDANTS LEVI STRAUSS & CO., MARYANN NICHOLS AND LEVI STRAUSS DE ESPANA, S.A'S Petition To Confirm Arbitration Award And Enter Judgment ThereonContinue to January 28, 2016, on the court's own motion. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. =302/EG |
| Case Number: | *******6699 | |
| Case Title: | GANADERIA BRASIL INDUSTRIA E COMERCIO DE ACESSORIO VS. LEVI STRAUSS & CO. et al | |
| Court Date: | JAN-28-2016 09:30 AM | |
| Calendar Matter: | Defendants Levi Strauss & Co., Maryann Nichols And Levi Strauss De Espana, S.A'S Petition To Confirm Arbitration Award And Enter Judgment Thereon | |
| Rulings: | Set for hearing on Thursday, January 28, 2016, Line 20, Defendants Levi Strauss & Co., Maryann Nichols And Levi Strauss De Espana, S.A'S Petition To Confirm Arbitration Award And Enter Judgment ThereonArbitration award is confirmed. Ganaderia has not stated valid grounds to vacate pursuant to CCP 1286.2. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The prevailing party is required to prepare a proposed order with the name and address of the prevailing party's counsel or the prevailing party if pro per in the top left of the first page of proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing or email it to contestdept302tr@sftc.org prior to the hearing even if the motion is not opposed or the tentative ruling is not contested. =302/EG |