Free Stipulation and Order - District Court of California - California

Case 3:08-cv-00782-JCS

Document 34

Filed 07/15/2008

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[Identification of All Parties and All Counsel Appear on Signature Page]

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Defendants. CHEVRON TCI, INC., Plaintiff,

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

( Civil Action No. 3:08-CV-00782

vs.
CARBONE PROPERTIES MANAGER, LLC, ET AL.,

) STIPULATION AND [PROPOSED] ORDER ) FOR CONTINUING MEDIATION DATE

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I. INTRODUCTION This Stipulation and Proposed Order for Continuing Mediation Date is submitted jointly by Plaintiff CHEVRON TCI, INC. ("CHEVRON") and Defendants CARBONE PROPERTIES MANAGER, LLC ("CPM"), ROSS P. CARBONE ("ROSS CARBONE"), and R. P. CARBONE COMPANY ("RPCC") (collectively, "CARBONE"). On May 9, 2008, this Court referred the case to the ADR Unit for Mediation to be completed within 90 days, ordering an Updated Joint Case Management Statement due by August 1, 2008 and setting a further Case Management Conference for August 8, 2008.

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The parties have been engaged in settlement discussions and have agreed that based on the current activity of the case, completing mediation before August 7, 2008 would be premature.

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Case 3:08-cv-00782-JCS

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Filed 07/15/2008

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Accordingly, to allow sufficient time for the parties to engage in settlement discussions and better determine whether settlement will be possible in the case, the parties respectfully request that the Court move the deadline to complete mediation to September 5, 2008, move the due date for the Updated Joint Case Management Statement to August 29, 2008 and resetting a further Case Management Conference for September 5, 2008. This additional time will not impact any of the Court's other deadlines, as the trial is not set to commence until July 27, 2009. Accordingly, the parties have entered into the following stipulation, and respectfully request

7 that the Court execute this Proposed Order based on that stipulation. 8 9 II. STIPULATION 10

The parties, by and through their attorneys of record herein, submit their Stipulation and Proposed Order Continuing the mediation date as follows: 1. 1. 2. The deadline to participate in mediation ma; be continued from 8/7/08 to 9/5/08; The deadline to participate in mediation may The due date for the Updated Joint Case Management Statement may be continued The date for the further Case Management Conference may be continued from

from 8/1/08 to 8/29/08; and
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8/8/08 to 9/5/08.

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17 IT IS SO STIPULATED.
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Endorsement of this agreement may be by counterpart signatures.

Respectfully submitted, Dated: July 14, 2008 MATTHEW VAFIDIS [SB# 103578] ANDREW T. CAULFIELD [SB# 238300] JOSHUA KRUMHOLZ (pro hac vice) ELIZABETH BURKHARD (pro hac vice) HOLLAND & KNIGHT LLP 50 California Street, 28th Floor San Francisco, California 94111 Telephone: (415) 743-6900 Facsimile: (415)743-6910 Attorneys for Plaintiff

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Civil Action No. 3:08-CV-00782

Case 3:08-cv-00782-JCS

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Filed 07/15/2008

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Dated: July, 2008 RICHARDS [SB#£09834] ROETZEL & ANDRESS, LPA 222 S. Main Street Akron, OH 44308 Telephone: (330) 376-2700 Facsimile: (330) 376-4577 JOHN S. GILMORE (SB# 32491) RANDOLPH CREGGER AND CHALFANT, LLP 1030 G Street Sacramento, CA 95814 Telephone: (916) 443-4443 Facsimile: (916)443-2124 Attorneys for Defendants

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Civil Action No. 3:08-CV-00782

Case 3:08-cv-00782-JCS

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Filed 07/15/2008
ORDER

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Based on the stipulation of the parties and good cause appearing, the Court hereby vacates the previously scheduled mediation date and amends the Court's Scheduling Order as follows: 1. The deadline to participate in mediation may be continued from 8/7/08 to 9/5/08; 2. The due date for the Updated Joint Case Management Statement may be continued from 8/1/08 to 8/29/08; and 3. The date for the further Case Management Conference may be continued from 8/8/08 to 9/5/08.
UNIT ED
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The Court's other deadlines remain unchanged. DATED:
7/14/8

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Civil Action No. 3:08-CV-00782

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pero HONORABLE JOSEPH C. SSPERO seph C. Judge Jo UNITED STATES MAGISTRATE JUDGE

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