MP Nexlevel of CA, Inc. v. CVIN, LLC, et al.

Filing 443

STIPULATION and ORDER GRANTING the parties' request for a continuance of the Status Conference currently noticed for 9/13/2018 and CONTINUING it to 10/16/2018 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. To appe ar telephonically, each party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. The parties are also reminded to file a joint status report one full week prior to the conference and email a copy of same, in Word format, to [e-mail], for the Judge's review. Order signed by Magistrate Judge Erica P. Grosjean on 9/6/2018. (Rooney, M)

1 William T. Eliopoulos (State Bar No. 100633)

[e-mail]
2 Heather N. Herd (State Bar No. 217521)

[e-mail]
3 Carrie MacIntosh (State Bar No. 294610)

[e-mail]
4 RUTAN & TUCKER, LLP

Five Palo Alto Square
5 3000 El Camino Real, Suite 200

Palo Alto, CA 94306-9814
650-320-1500
Facsimile: 650-320-9905

6 Telephone:
7

Attorneys for Defendant and Counter and
8 Cross-Claimant CVIN, LLC, dba VAST NETWORKS
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

11 MP NEXLEVEL OF CALIFORNIA, INC.,

Plaintiff,

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JOINT STIPULATION FOR
CONTINUANCE OF TELEPHONIC
STATUS CONFERENCE AND ORDER

vs.

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Case No. 1:14-cv-00288-LJO-EPG

14 CVIN, LLC dba VAST NETWORKS, (ECF No. 442)

CALAVERAS

COMMUNICATIONS

15 COMPANY, et al.,

Defendants.

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18 AND
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RELATED COUNTER, CROSS,
AND THIRD-PARTY CLAIMS.

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WHEREAS on July 10, 2018, the United States Court of Appeals for the Ninth

22 Circuit issued its order to reverse and remand the decision of the trial court with respect to
23 Plaintiff MP Nexlevel of California, Inc.’s (“MPC”) Motion for Summary Adjudication.
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WHEREAS on August 7, 2018, this Court set a telephonic conference call (the

25 “Status Conference”) to take place on September 13, 2018 at 10 a.m. before Magistrate
26 Judge Erica P. Grosjean.
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2259/031672-0001
12767719.1 a09/06/18

-1-

Case No. 1:14-cv-00288-LJO-EPG
JOINT STIPULATION FOR CONTINUANCE

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WHEREAS on August 7, 2018, this Court ordered the undersigned parties “to confer

2 and file a joint statement regarding a proposed schedule going forward and indicate whether
3 the parties are interested in either a settlement conference or mediation.”
4

WHEREAS the undersigned have agreed to the terms of a settlement (the

5 “Settlement”) of all claims in this action.
6

WHEREAS the undersigned have agreed that performance under the terms of the

7 Settlement will be completed by October 8, 2018.
8

WHEREAS CVIN and MPC have agreed to continue the Status Conference until

9 after October 8, 2018. Accordingly, IT IS HEREBY STIPULATED by the undersigned
10 parties, by and through their counsel of record, that good cause exists to continue the date
11 of the Status Conference until after October 8, 2018.
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IT IS SO STIPULATED.

14
15 Dated: September 6, 2018
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RUTAN & TUCKER, LLP
WILLIAM T. ELIOPOULOS
HEATHER N. HERD
CARRIE MACINTOSH

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By: /s William T. Eliopoulos
William T. Eliopoulos, Esq.
Attorneys for Defendant and Counter and
Cross-Claimant CVIN, LLC, dba VAST

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Dated: Signature authorized on September 4, 2018
GORDON & REES LLP
23
BEN PATRICK
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By: /s/ Ben Patrick
Ben Patrick, Esq.
Attorneys for Plaintiff, Cross-Defendant, and
Third-Party Plaintiff MP NEXLEVEL OF
CALIFORNIA, INC.

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2259/031672-0001
12767719.1 a09/06/18

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Case No. 1:14-cv-00288-LJO-EPG
JOINT STIPULATION FOR CONTINUANCE

ORDER

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2

IT IS HEREBY ORDERED that the Status Conference, currently set for September 13,

3 2018, is continued to October 16, 2018, at 9:30 a.m.
4
5 IT IS SO ORDERED.
6
Dated:

September 6, 2018

/s/

7

UNITED STATES MAGISTRATE JUDGE

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2259/031672-0001
12767719.1 a09/06/18

-3-

Case No. 1:14-cv-00288-LJO-EPG
JOINT STIPULATION FOR CONTINUANCE