W.G. Barr Management, LLC v. ContekPro LLC

STIPULATION RE REFUND OF APPEAL BOND, AND [PROPOSED] AMENDED ORDER APPROVING REFUND OF APPEAL
BOND
Case No. 3:23-cv-02257-TSH
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Timothy C. Hester (pro hac vice)
Covington & Burling LLP
One CityCenter
850 Tenth Street, N.W.
Washington, DC 20001
Telephone: (202) 662-6000
Facsimile: (202) 778-5324
Email: thester@cov.com
Attorneys for Plaintiff W.G. Barr Management, LLC
d/b/a Two Pitchers Brewing Company
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
W.G. BARR MANAGEMENT LLC., D/B/A
TWO PITCHERS BREWING COMPANY
Plaintiff,
v.
CONTEKPRO, LLC,
Defendant
Civil Case No. 3:23-cv-02257-TSH
STIPULATION RE: REFUND OF APPEAL
BOND, AND [PROPOSED] AMENDED
ORDER APPROVING REFUND OF
APPEAL BOND
JUDGE: Hon. Thomas S. Hixson
Case 3:23-cv-02257-TSH Document 87 Filed 01/21/26 Page 1 of 3

1
STIPULATION RE REFUND OF APPEAL BOND, AND [PROPOSED] AMENDED ORDER APPROVING REFUND OF APPEAL
BOND
Case No. 3:23-cv-02257-TSH
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
The Parties to this action, Plaintiff W.G. Barr Management, LLC, d/b/a Two Pitchers Brewing
Company (“Two Pitchers”) and Defendant ContekPro, LLC (“ContekPro”), by and through their
undersigned attorneys of record, hereby stipulate and agree as follows:
WHEREAS, on June 5, 2024, this Court entered final judgment, granting ContekPro’s motion for
summary judgment and denying Two Pitchers’ motion for summary judgment (Dkt. Nos. 62, 63);
WHEREAS, this Court granted ContekPro’s Motion for Attorneys’ Fees and Costs, and awarded
ContekPro the amount of $198,903.50 in attorneys’ fees and $5,101.30 in costs (Dkt. No. 74);
WHEREAS, Two Pitchers filed its Notice of Appeal to the Ninth Circuit on August 29, 2024 (Dkt.
No. 75);
WHEREAS, the Parties stipulated and agreed that ContekPro would not oppose a stay of
proceedings to enforce a judgment pursuant to Fed. R. Civ. P. 62(b), provided that Two Pitchers posted a
bond of $224,405.28;
WHEREAS, by Order dated October 3, 2024, the Court approved an appeal bond for purposes of
Fed. R. Civ. P. 62(b) in the amount of $224,405.28 and stayed execution of the judgment against Two
Pitchers until the case was resolved in the Court of Appeals (Dkt. 79);
WHEREAS, by Mandate dated December 5, 2025, the Court of Appeals affirmed the judgment of
this Court; and
WHEREAS, the Parties have stipulated and agreed to a final payment from Two Pitchers to
ContekPro resolving this matter in its entirety.
ACCORDINGLY, the Parties stipulate and agree, and respectfully request, that the Court approve
a refund of the appeal bond, in the full amount of $224,405.28. 	The Parties stipulate and agree that
Timothy C. Hester will be receiving the refund amount of $224,405.28 plus earned interest from the court
registry, at the undersigned address.
IT IS SO STIPULATED AND AGREED.
Case 3:23-cv-02257-TSH Document 87 Filed 01/21/26 Page 2 of 3

2
STIPULATION RE: REFUND OF APPEAL BOND, AND [PROPOSED] AMENDED ORDER APPROVING REFUND OF APPEAL
BOND
Case No. 3:23-cv-02257-TSH
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Dated: January 21, 2026 	Respectfully submitted,
/s/ Timothy C. Hester
Timothy C. Hester (pro hac vice)
COVINGTON & BURLING LLP
One CityCenter
850 Tenth Street, N.W.
Washington, D.C. 20001
Attorneys for Plaintiff W.G. Barr Management, LLC
d/b/a Two Pitchers Brewing Company
/s/ Ryan F. Thomas
Ryan F. Thomas
ANDERSON ZEIGLER, A Professional Corp.
50 Old Courthouse Square, 5th Floor
Santa Rosa, CA 95404
Attorneys for Defendant ContekPro, LLC
PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: January 21, 2026 ___________________________
THOMAS S. HIXSON
United States Magistrate Judge
Case 3:23-cv-02257-TSH Document 87 Filed 01/21/26 Page 3 of 3