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

Filing 54

STIPULATION to Extend Time to File Responsive Pleading and to Reschedule Scheduling Conference; ORDER signed by Magistrate Judge Gary S. Austin on 5/8/2014. Initial Scheduling Conference currently set for 6/3/2014 is CONTINUED to 6/23/2014 at 10:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Martinez, A)

1 Steven M. Cvitanovic (Bar No. 168031)
Jessica M. Lassere Ryland (Bar No. 286724)
2 HAIGHT BROWN & BONESTEEL LLP
Three Embarcadero Center, Suite 200
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
e-mail: [e-mail]
[e-mail]
5
6 James D. Kremer, appearing pro hac vice
Holly J. Newman, appearing pro hac vice
7 Olivia M. Kelley, pro hac vice application pending
DEWITT MACKALL CROUNSE & MOORE S.C.
8 1400 AT&T Tower
901 Marquette Avenue
9 Minneapolis, MN 55402
Telephone: [phone]
10 Facsimile: [phone]
Email: [e-mail]
[e-mail]
11
[e-mail]
12
David W. Larson, appearing pro hac vice
13 MARTIN & SQUIRES P.A.
332 Minnesota Street, Suite W2750
14 St. Paul, MN 55101
Telephone: [phone]
15 Facsimile: [phone]
E-mail: [e-mail]
16
Attorneys for Plaintiff MP Nexlevel of California, Inc.
17
18

UNITED STATES DISTRICT COURT

19

EASTERN DISTRICT OF CALIFORNIA

20

FRESNO DIVISION

21 MP NEXLEVEL of California, Inc.,

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

22

STIPULATION TO EXTEND TIME
TO FILE RESPONSIVE PLEADING
AND TO RESCHEDULE
SCHEDULING CONFERENCE;
ORDER

23
24
25
26
27
28

)
)
Plaintiff,
)
)
v.
)
)
CVIN, LLC dba VAST NETWORKS,
)
CALAVERAS COMMUNICATIONS
)
COMPANY, SEBASTIAN
)
ENTERPRISES, INC., VOLCANO
)
COMMUNICATIONS COMPANY,
)
STAGELINE COMMUNICATIONS,
)
INC., THE PONDEROSA TELEPHONE )
COMPANY, SIERRA TEL
)
COMMUNICATIONS GROUP,
)
VARNET, INC., CAL-ORE TELEPHONE )
MP18-0000003
10065043.1

Current Date: June 3, 2014
Proposed New Date: June 23, 2014
Time: 10:00 a.m.
Ctrm.: 10

00288-LJO-GSA
STIPULATION TO EXTEND TIME TO FILE RESPONSIVE
PLEADING AND TO RESCHEDULE SCHEDULING
CONFERENCE; ORDER

1 CO., DUCOR TELEPHONE COMPANY,
CONSOLIDATED COMMUNICATIONS
2 HOLDINGS, INC., THE CORPORATION
FOR EDUCATION NETWORK
3 INITIATIVES IN CALIFORNIA, and
DOES 1 to 100,
4
Defendants.
5
6

)
)
)
)
)
)
)
)
)

WHEREAS, pursuant to the prior Stipulation and Order, responses to the original

7 Complaint were due on or before April 25, 2014 by all defendants; except Ducor
8 Telephone Company and Consolidated Communications Holdings, Inc.;
9
10

WHEREAS, Plaintiff filed a First Amended Complaint on April 22, 2014;
WHEREAS, Defendants CVIN LLC dba Vast Networks and the Corporation for

11 Education Network Initiatives In California, by and through their attorneys of record, were
12 electronically served with the First Amended Complaint on April 22, 2014;
13

WHEREAS, as counsel had not yet made an appearance for the remainder of the

14 parties, Defendants Calaveras Communications Company, Sebastian Enterprises, Inc.,
15 Volcano Communications Company, Stageline Communications, Inc., The Ponderosa
16 Telephone Company, Sierra Tel Communications Group, Varnet, Inc., Cal-Ore Telephone
17 Co., were served by mail with the First Amended Complaint on April 22, 2014;
18

WHEREAS, counsel for Plaintiff sent a Waiver of the Service of Summons to

19 counsel for Ducor Telephone Company, Inc. and Consolidated Communications Holdings,
20 Inc. on April 25, 2014;
21

WHEREAS, Ducor Telephone Company, Inc. and Consolidated Communications

22 Holdings, Inc., pursuant to the stipulation from counsel, have agreed to respond by
23 May 27, 2014;
24

WHEREAS, Plaintiff and Defendants believe that a coordinated response date for

25 all Defendants is the most logical and efficient way to proceed;
26

WHEREAS, Plaintiff and Defendants agree responses to the First Amended

27 Complaint shall filed and served no later than May 27, 2014;
28

MP18-0000003
10065043.1

3

Case No. 1:14-cv-00288-LJO-GSA
STIPULATION TO EXTEND TIME TO FILE RESPONSIVE
PLEADING AND TO RESCHEDULE SCHEDULING
CONFERENCE; ORDER

1

WHEREAS, Plaintiff and Defendants agree that the proximity between the May 27,

2 2014 response date and the currently scheduled Scheduling Conference is such that
3 additional time will be required to fully prepare for the Scheduling Conference; and,
4

WHEREAS, subject to the approval of the Court, Plaintiff and Defendants agree to

5 continue the Scheduling Conference to June 23, 2014.
6

As such, ALL PARTIES STIPULATE:

7

1.

The date for all defendants to file a responsive pleading to the First Amended

8 Complaint will be May 27, 2014.
9

2.

The June 3, 2014 Scheduling Conference is continued to June 23, 2014 at

10 10:00 a.m. in Courtroom 10.
11

IT IS SO STIPULATED:

12 Dated: May 5, 2014
13
14

HAIGHT BROWN & BONESTEEL LLP
Three Embarcadero Center, Suite 200
San Francisco, CA 94111
DEWITT MACKALL CROUNSE &
MOORE S.C.
1400 AT&T Tower
901 Marquette Avenue
Minneapolis, MN 55402

15
16
17

MARTIN & SQUIRES P.A.
332 Minnesota Street, Suite W2750
St. Paul, MN 55101

18
19
20

By:

21
22
23

//s//
Steven M. Cvitanovic
Jessica M. Lassere Ryland
Attorneys for Plaintiff
MP Nexlevel of California, Inc.

24
25
26
27
28

MP18-0000003
10065043.1

3

Case No. 1:14-cv-00288-LJO-GSA
STIPULATION TO EXTEND TIME TO FILE RESPONSIVE
PLEADING AND TO RESCHEDULE SCHEDULING
CONFERENCE; ORDER

1

Dated: May 5, 2014

2
3
4

DOWLING ǀ AARON INCORPORATED
8080 North Palm Avenue, Third Floor
P.O. Box 28902
Fresno, CA 93729
By:

5
6
7 Dated: May 5, 2014
8
9

PERKINS COIE LLP
Four Embarcadero Center, Suite 2400
San Francisco, CA 94111-4131
By:

10
11
12
13
14

Dated: May 5, 2014

15

//s//
David J. Weiland
Attorneys for Defendant
CVIN, LLC dba Vast Networks

//s//
Joren S. Bass
John (“Jay”) S. Rossiter
Mara Boundy
Attorneys for Defendant
The Corporation for Educational Network
Initiatives in California

NOVAK DRUCE CONNOLLY BOVE +
QUIGG LLP
555 Mission Street | Thirty-Fourth Floor
San Francisco, CA 94105

16
17

By:

18
19
20
21
22
23

//s//
Dean A. Morehous
Attorneys for Defendants
Calaveras Communications Company,
Sebastian Enterprises, Inc., Volcano
Communications Company, Stageline
Communications, Inc., The Ponderosa
Telephone Company, Sierra Tel
Communications Group, Varnet, Inc.,
Cal-Ore Telephone Co., Ducor Telephone
Company, Inc. and Consolidated
Communications Holdings, Inc.

24
25
26
27
28

MP18-0000003
10065043.1

3

Case No. 1:14-cv-00288-LJO-GSA
STIPULATION TO EXTEND TIME TO FILE RESPONSIVE
PLEADING AND TO RESCHEDULE SCHEDULING
CONFERENCE; ORDER

1
2

ATTESTATION
I, Steven M. Cvitanovic, do hereby declare pursuant to Rule 131(e) of the Local

3 Rules of Practice for the United States District Court for the Eastern District of California
4 that I obtained concurrence in the filing of the foregoing document from all counsel on this
5 5th day of May, 2014.
6
/s/ Steven M. Cvitanovic

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

MP18-0000003
10065043.1

3

Case No. 1:14-cv-00288-LJO-GSA
STIPULATION TO EXTEND TIME TO FILE RESPONSIVE
PLEADING AND TO RESCHEDULE SCHEDULING
CONFERENCE; ORDER

1

ORDER

2

Pursuant to the above stipulation of the parties :

3

1.

The date for all defendants to file a responsive pleading to the First Amended

4 Complaint will be May 27, 2014.
5

2.

The June 3, 2014 Scheduling Conference is continued to June 23, 2014 at

6 10:00 a.m. in Courtroom 10 before the undersigned.
7
8 IT IS SO ORDERED.
9

Dated:

May 8, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

MP18-0000003
10065043.1

5

00288-LJO-GSA
STIPULATION TO EXTEND TIME TO FILE RESPONSIVE
PLEADING AND TO RESCHEDULE SCHEDULING
CONFERENCE; [PROPOSED] ORDER