AlzChem Trostberg GmbH v. Green Trees & Plants II, LLC

Filing 16

JOINT STIPULATION and ORDER FOR 45 DAY STAY OF ACTION signed by District Judge Lawrence J. O'Neill on April 1, 2009. Scheduling Conference set for 6/8/2009 at 10:30 AM in Courtroom 7 (SMS) before Magistrate Judge Sandra M. Snyder.) (Lira, I)

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

VALLE & ASSOCIATES Jeffrey B. Valle (Bar No. 110060) [e-mail] Thomas P. Friedman (Bar No. 205407) [e-mail] 11911 San Vicente Blvd., Suite 324 Los Angeles, California 90049 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant GREEN TREES & PLANTS II, LLC FARELLA BRAUN & MARTEL LLP Robert L. Hines (Bar No. 123936) [e-mail] Karen P. Kimmey (Bar No. 173284) [e-mail] Racheal Turner (Bar No. 226441) [e-mail] 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff ALZCHEM TROSTBERG GMBH UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION ALZCHEM TROSTBERG GMBH, a German Corporation Plaintiff, vs. GREEN TREES & PLANTS II, LLC, a Georgia limited liability company Defendant. Case No. 1:08-cv-01957-LJO-SMS Hon. Lawrence J. O'Neill Assigned to Hon. Sandra M. Snyder For Non-Dispositive Issues JOINT STIPULATION AND ORDER FOR 45 DAY STAY OF ACTION

Stipulation And Proposed Order For 45 Day Stay Of Action

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

WHEREAS, Defendant Green Trees & Plants II, LLC ("Green Trees" or "Defendant") was served with the Complaint for Damages, Restitution, and Injunctive Relief, Case No. CV08-01957LJO-SMS (the "Complaint") filed by Plaintiff AlzChem Trostberg GmbH ("Plaintiff") on December 24, 2008 (the "Action"), and the deadline for Green Trees to respond to the Complaint was originally January 13, 2009; WHEREAS, Plaintiff and Defendant (the "Parties") submit this Joint Stipulation seeking a 45-day Stay of this Action; WHEREAS, the Parties have been engaged in meaningful settlement discussions from the outset of this Action; WHEREAS, in light of the Parties' settlement discussions, the following Stipulations have been filed: · On January 12, 2009, the Parties filed a Stipulation agreeing to a 20 day extension for Green Trees to file an Answer or other Response to the Complaint; · On February 12, 2009, the Parties filed a second Stipulation, approved by this Court, permitting Green Trees to file an Answer or other Response to the Complaint on or before February 23, 2009; · On February 20, 2009, the Parties filed an additional Stipulation, approved by this Court, continuing the Rule 26(f) Scheduling Conference set for March 25, 2009 to April 27, 2009, and providing an additional 30 days, to March 16, 2009, for Green Trees to Answer or otherwise Respond to the Complaint; · On March 12, 2009, the Parties submitted an additional stipulation, approved by this Court, providing Green Trees an additional 17 days, to April 2, 2009, to Answer or otherwise Respond to the Complaint; WHEREAS, settlement discussions have continued to progress, and based on the progress of those discussions, the Parties expect to resolve this matter via settlement, and desire to preserve the time and resources of the Court; WHEREAS, the Parties request that this Court grant a 45-day stay of this Action to permit the Parties to focus their energy and attention on settlement;
1

Stipulation And Proposed Order For 45 Day Stay Of Action

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

WHEREAS, absent the Court's approval of this Stipulation, the Rule 26(f) Scheduling Conference currently set for April 27, 2009, will trigger the Parties' obligation to (i) hold a Rule 26 Conference of Counsel on or before April 3, 2009; (ii) exchange Initial Disclosures and develop a Discovery Plan on or before April 17, 2009; and (iii) file the Joint Scheduling Report on or before April 17, 2009; moreover, Defendant is currently required to Answer or Respond by April 2, 2009; IT IS HEREBY STIPULATED by and between the Parties, through their undersigned counsel of record, pursuant to, inter alia, Local Rule 6-144 and Local Rule 72-302(c)(13), without prejudice to either Parties' rights or claims, and subject to the Court's approval, that: 1. This Action, AlzChem Trostberg GmbH v Green Trees & Plants II, LLC, Case No. CV0801957- LJO-SMS, is stayed for all purposes for 45 days, from March 31, 2009, up to and including, May 15, 2009; 2. The Telephonic Scheduling Conference set for Monday, April 27, 2009 at 10:30 a.m. is hereby continued to Monday, June 8, 2009 at 10:30 a.m.. 3. All Orders, dates, procedures and rules, including, without limitation, Fed. R. Civ. Proc. 16 and 26, triggered by the June 8, 2009 Scheduling Conference remain unchanged in all other respects. DATED: March 31, 2009 VALLE & ASSOCIATES By:__/s/ Thomas P. Friedman Thomas P. Friedman Attorneys for Defendant GREEN TREES & PLANTS II, LLC DATED: March 31, 2009 FARELLA BRAUN & MARTEL LLP By: /s/ Robert L. Hines Robert L. Hines Attorneys for Plaintiff ALZCHEM TROSTBERG GMBH IT IS SO ORDERED: Date: April 1, 2009 /s/ Lawrence J. O'Neill_ Hon. Lawrence J. O'Neill, U.S. District Judge

2

Stipulation And Proposed Order For 45 Day Stay Of Action