Pfrommer et al v. R&D Media North Americas B.V. et al

Filing 27

STIPULATION and ORDER to Continue Hearing on Plaintiffs' Motion to Remand signed by Magistrate Judge Gary S. Austin on 1/4/2010. Motion Hearing RESET FOR 3/26/2010 at 09:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Esteves, C)

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Robert M. Bodzin, State Bar No. 201327 Derek H. Lim, State Bar No. 209496 Kevin M. Larson, State Bar No. 245324 BURNHAM BROWN A Professional Law Corporation P.O. Box 119 Oakland, California 94604 --1901 Harrison Street, 11th Floor Oakland, California 94612 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] Attorneys for Defendant R&D MEDIA NORTH AMERICAS B.V. d/b/a GLOMOBI UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION WILLIAM PFROMMER and MICHAEL WATSON, individually and on behalf of a class of similarly situated individuals Plaintiffs, v. R&D MEDIA NORTH AMERICAS B.V. D/B/A GLOMOBI, a Dutch company, MBLOX, INC., a Delaware corporation, Defendants. Action No. 1:09-cv-01442-LJO-GSA [Stanislaus County Superior Court Action No. 636593] STIPULATION TO CONTINUE HEARING ON PLAINTIFFS' MOTION TO REMAND; ORDER Date: Time: Judge: February 26, 2010 9:30 a.m. Magistrate Judge Gary S. Austin

Complaint Filed: January 15, 2009 Trial Date: None Set

Plaintiffs WILLIAM PFROMMER and MICHAEL WATSON (collectively "Plaintiffs") and Defendants MBLOX, INC. ("Defendant" or "mBlox") and R&D MEDIA NORTH AMERICA B.V. d/b/a GLOMOBI ("Defendant" or "R&D") hereby stipulate and respectfully request that the Court continue the hearing for Plaintiffs' Motion to Remand presently set for hearing before Magistrate Judge Gary S. Austin on February 26, 2010. In support of this Stipulation, the Parties state as follows: /// ///
1 STIPULATION TO CONTINUE HEARING ON PLAINTIFFS' MOTION TO REMAND Case No. 1:09-cv-01442-LJO-GSA

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1.

Plaintiffs originally filed this action in the Stanislaus County Superior Court on

January 15, 2009. Plaintiffs filed a First Amended Complaint on June 8, 2009. 2. This action was removed from Stanislaus County Superior Court to this court by

Defendant R&D MEDIA NORTH AMERICA B.V. d/b/a GLOMOBI on August 17, 2009. 3. Plaintiffs filed a Motion to Remand on October 16, 2009. At the time this motion

was filed, the Initial Case Management Conference was set for February 18, 2010. 4. The Parties herein originally sought and obtained continuances of the both the

Motion to Remand and the Initial Case Management Conference because counsel for R&D was engaged in trial between October 29, 2009 and December 8, 2009. 5. Since the aforementioned trial has been completed, settlement negotiations in this

matter have gained momentum and these good-faith discussions are ongoing. Accordingly, the Parties respectfully submit that good cause exists to continue the hearing date on the Motion to Remand to allow the Parties to focus on these negotiations. This continuance will also conserve judicial resources and promote the interests of judicial economy. NOW, THEREFORE, the Parties hereby stipulate and agree that, with the Court's approval: 1. The hearing on Plaintiff's Motion to Remand is continued from February 26, 2010 to March 26, 2010, at 9:30 a.m., before Magistrate Judge Gary S. Austin, and 2. All other deadlines related to the hearings are continued accordingly. KAMBEREDELSON, LLC By: /s/ Myles McGuire as authorized 1/4/10 Alan Himmelfarb Myles McGuire Attorney for Plaintiffs William Pfrommer and Michael Watson

Dated: January 4, 2010

Dated: January 4, 2010

WILDMAN HARROLD ALLEN & DIXON, LLP By: /s/ Chung-Han Lee as authorized 1/4/10 Chung-Han Lee Attorney for Defendant mBlox, Inc.

2 STIPULATION TO CONTINUE HEARING ON PLAINTIFFS' MOTION TO REMAND

Case No. 1:09-cv-01442-LJO-GSA

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Dated: January 4, 2010

BURNHAM BROWN By: /s/ Kevin Larson 1/4/10 Kevin Larson Attorney for Defendant R&D Media North America B.V.

ORDER Pursuant to the stipulation of the parties, the request is hereby granted.

IT IS SO ORDERED. Dated: January 4, 2010 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

3 STIPULATION TO CONTINUE HEARING ON PLAINTIFFS' MOTION TO REMAND

Case No. 1:09-cv-01442-LJO-GSA