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

Filing 445

STIPULATION and ORDER GRANTING the parties' request for a continuance of the Status Conference currently set for 10/16/2018 and CONTINUING it to 11/6/2018 at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Order signed by Magistrate Judge Erica P. Grosjean on 10/10/2018. (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:
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8 Attorneys for Defendant and Counter and

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
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MP NEXLEVEL OF CALIFORNIA, INC., Case No. 1:14-cv-00288-LJO-EPG
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Plaintiff,

JOINT STIPULATION FOR
CONTINUANCE OF TELEPHONIC
STATUS CONFERENCE AND ORDER

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vs.
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CVIN, LLC dba VAST NETWORKS,
COMMUNICATIONS (ECF No. 444)
COMPANY, et al.,

15 CALAVERAS
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Defendants.
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AND RELATED COUNTER, CROSS,

19 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 September 7, 2018, this Court set a telephonic conference call (the

25 “Status Conference”) to take place on October 16, 2018 at 9:30 a.m. before Magistrate Judge
26 Erica P. Grosjean.
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JOINT STIPULATION FOR
CONTINUANCE AND ORDER

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

5 “Settlement”) of all claims in this action.
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WHEREAS the parties believe that performance under the terms of the Settlement

7 has been completed, and anticipate filing a Joint Stipulation and Proposed Order for
8 Dismissal in the next two weeks.
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WHEREAS CVIN and MPC have agreed to continue the Status Conference until

10 after October 30, 2018 to allow the parties to confirm full performance of the Settlement and
11 to file the dismissal.
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Accordingly, IT IS HEREBY STIPULATED by the undersigned parties, by and

13 through their counsel of record, that good cause exists to continue the date of the Status
14 Conference until after October 30, 2018.
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IT IS SO STIPULATED.

16 Dated: October 9, 2018
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RUTAN & TUCKER, LLP
WILLIAM T. ELIOPOULOS
HEATHER N. HERD
CARRIE MACINTOSH

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By: /s/ Heather N. Herd
Heather N. Herd, Esq.
Attorneys for Defendant and Counter and
Cross-Claimant CVIN, LLC, dba VAST

22 Dated: Signature authorized on October 9, 2018
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GORDON & REES LLP
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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JOINT STIPULATION FOR
CONTINUANCE AND ORDER

ORDER

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Pursuant to the stipulation of the Parties (ECF No. 444), and finding that good cause exists,

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IT IS HEREBY ORDERED that the Status Conference, currently set for October 16, 2018,

4 is continued to November 6, 2018, at 10:30 a.m.
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6 IT IS SO ORDERED.
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Dated:

October 10, 2018

/s/

8

UNITED STATES MAGISTRATE JUDGE

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JOINT STIPULATION FOR
CONTINUANCE AND ORDER