Valley Express, Inc. v. Exel, Inc.

Filing 26

ORDER CONTINUING HEARING FOR WRIT OF ATTACHMENT AND MOTION TO STAY LITIGATION AND RELATED DEADLINES. Exel's Response to Valley Express, Inc's Complaint is due by 3/29/2013., Hearing on Plaintiff's application for Writ of Attachment a nd Motion to Stay Litigation is rescheduled to 4/19/2013 at 01:30 PM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. The Initial Scheduling Conference is now set for 5/17/2013 at 10:00 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng., signed by Magistrate Judge Michael J. Seng on 1/19/2013. (Yu, L)

1
2
3
4

DARRYL J. HOROWITT #100898
SHERYL D. NOEL #172551
COLEMAN & HOROWITT, LLP
Attorneys at Law
499 West Shaw, Suite 116
Fresno, California 93704
Telephone: [phone]
Facsimile: [phone]

5
6

Attorneys for Plaintiff,
VALLEY EXPRESS, INC.

7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

10

VALLEY EXPRESS, INC.,

NO. 1:12-cv-01183 AWI MJS

Plaintiff,

ORDER CONTINUING HEARING
FOR WRIT OF ATTACHMENT AND
MOTION TO STAY LITIGATION,
AND RELATED DEADLINES

Defendant.

11

Complaint Filed:
Trial Date:

v.
12
EXEL INC.,
13
14

July 19, 2012
None

15
The Court has reviewed the ex parte application of Plaintiff, VALLEY EXPRESS, INC.,
16
to continue the hearing date for Plaintiff’s writ of attachment and motion to stay litigation and all
17
related deadlines. On the basis thereof, the Court finds good cause to grant the application
18
subject to the following: This matter was continued once before to enable the parties to explore
19
settlement. From the instant application, it appears that substantive discussions of settlement
20
were delayed approximately two months and not undertaken until shortly before expiration of
21
extended deadlines. To avoid the necessity of yet another application for extension of time, the
22
parties shall resume substantive negotiations forthwith, and in no event later than twenty one
23
days from the date of this order and ensure such negotiations are fully explored and completed
24
before March 29, 2013.
25
The new hearing date and deadlines are as follows:
26
1.

The parties shall resume substantive settlement negotiations not later than twenty

27
one days from the date of this Order.
28
2.

.EXEL INC.’s response to VALLEY EXPRESS, INC.’s complaint is now due on
1

K:\MJS\1. To_Be_Reviewed_By_MJS\12cv1183.ex.parte.order.wpd
1/19/13 ~ 3:48 pm

1:12-cv-01183 AWI MJS
PROPOSED ORDER

March 29, 2013.

1
3.

2
3

Hearing on Plaintiff’s application for writ of attachment and motion to stay

litigation is rescheduled to April 19, 2013, at 1:30 p.m., in Fresno Courtroom 6.

4

4.

Meet and Confer is rescheduled to April 26, 2013.

5

5.

Joint Scheduling Conference Statement is due May 10, 2013.

6

6.

Initial Scheduling Conference is set for May 17, 2013, at 10:00 a.m., in Fresno

7

Courtroom 6.
7.

8
9

Absent presently unanticiated and presently unanticipatable circumstances

and good cause, no further such continuances will be granted.

10
11

IT IS SO ORDERED.

12

Dated:
ci4d6

January 19, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
K:\MJS\1. To_Be_Reviewed_By_MJS\12cv1183.ex.parte.order.wpd
1/19/13 ~ 3:48 pm

1:12-cv-01183 AWI MJS
PROPOSED ORDER