Free Terminate Deadlines and Hearings - District Court of California - California

Case 3:08-cv-01052-MHP

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Filed 05/22/2008

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1 STUART C. CLARK (SBN 124152) [email protected] 2 CHRISTINE S. WATSON (SBN 218006) [email protected] 3 CARR & FERRELL LLP 2200 Geng Road 4 Palo Alto, California 94303 Telephone: (650) 812-3400 5 Facsimile: (650) 812-3444 6 Attorneys for Plaintiff I. MICHAEL ROSS 7 8 9 10 11 12 13 14 15 v. I. MICHAEL ROSS, Plaintiff, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

CASE NO. C08-01052 MHP STIPULATION AND [PROPOSED] ORDER POSTPONING CASE MANAGEMENT CONFERENCE

TOMLAB OPTIMIZATION AB, 16 TOMLAB OPTIMIZATION, INC., and DOES 1 through 20, 17 Defendants. 18 19 WHEREAS: 20 21 22 23 A.

Plaintiff I. Michael Ross ("Ross"), of the one part, and defendant Tomlab

Organization, Inc., on its behalf and on behalf of its parent Tomlab Organization, A.B. (hereinafter jointly called Tomlab"), of the other part, are negotiating a settlement, and are optimistic that such a

24 settlement will be concluded within the next ten days. The effect of that settlement will be to 25 resolve all issues between those parties, and to dismiss the action as to Tomlab; 26 27 28
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B.

Defendant Anil Rao ("Rao") was only recently added as a defendant, by a Second

Amended Complaint filed on May 9, 2008, and he has not yet been served with the summons and -1Stipulation And Order Postponing Case Management Conference (Case No. C08-01052 MHP)

Case 3:08-cv-01052-MHP

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1 complaint. Rao is therefore not yet a served party available to sign this stipulation; 2 3 4 5 6 C. Defendant Tomlab Organization, A.B. has also not yet been served with the

summons and complaint, and is also not available to sign this stipulation; D. Ross and Tomlab believe that proceeding with a Case Management Conference at

this time would be a waste of judicial resources, and would impose wasted expense and

7 inconvenience on them by requiring them to complete the required pre-conference initial 8 disclosures, joint statement, etc. when a settlement appears imminent. Moreover, since Rao has yet 9 to be served and to appear in the action, he is not available to complete the required pre-conference 10 initial disclosures, joint statement, etc.; 11 12 13 14 15 request the Court to postpone the Case Management Conference now scheduled for June 9, 2008 for approximately 90 days, as they hereby do: ACCORDINGLY, IT IS HEREBY STIPULATED by and between Ross and defendant E. Accordingly, in view of the foregoing Ross and Tomlab have agreed to jointly

16 Tomlab Organization, Inc., through their respective counsel, that the Case Management Conference 17 currently scheduled for June 9, 2008 may be postponed to August 11, 2008, at 4.00 p.m., or such 18 19 20 21 22 other date as the Court may direct, and that the related dates for filing a Joint Case Management Conference and for compliance with the other matters specified in the Order Setting Initial Case Management Conference and ADR Deadlines (Document 2) and the Clerk's Notice Scheduling Case Management Conference In Reassigned Case (Document 17) may be adjusted accordingly.

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//// Dated: May 19 , 2008 CARR & FERRELL LLP

-2Stipulation And Order Postponing Case Management Conference (Case No. C08-01052 MHP)

Case 3:08-cv-01052-MHP

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By:

/s/ Stuart C. Clark STUART C. CLARK Attorneys for plaintiff I. Michael Ross

Dated: May

, 2008

NEWHOUSE & ASSOCIATES

David E. Newhouse By:
PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: May 20 , 2008

Digitally signed by David E. Newhouse DN: cn=David E. Newhouse, o=Newhouse / Associates, ou, [email protected], c=US Date: 2008.05.19 13:08:02 -07'00'

DAVID E. NEWHOUSE Attorneys for defendant Tomlab Organization, Inc.

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-3Stipulation And Order Postponing Case Management Conference (Case No. C08-01052 MHP)

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MARILYN HALL PATEL ERED O ORD UNITED STATES DISTRICT JUDGE T IS S

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