MP Nexlevel of California, Inc. v. Apex Directional Drilling, LLC

Filing 22

STIPULATION and ORDER signed by Judge John A. Mendez on 8/29/14 re: 21 ORDERING that: i) the parties may postpone preparation of the required Rule 26(f) Joint Status Report until a time after the Court decides Apex's pending motion to dismiss; and, ii) should the Court deny Apex's motion to dismiss, the parties shall file their joint status report no later than sixty (60) days after the Court's ruling on the motion to dismiss. (Meuleman, A)

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David A. Rabbino, CA State Bar #182291
Direct Dial: 503.802.2144
Direct Fax: [phone]
Email: [e-mail]
TONKON TORP LLP
1600 Pioneer Tower
888 SW Fifth Avenue
Portland, OR 97204-2099

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Attorneys for Defendant Apex Directional Drilling, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MP NEXLEVEL OF CALIFORNIA, INC.,

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Plaintiff,
v.
APEX DIRECTIONAL DRILLING, LLC,

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Case No. 1:14−CV−00857−JAM-BAM
STIPULATION AND ORDER TO
RESCHEDULE RULE 26(f)
CONFERENCE
AS MODIFIED BY THE COURT

Defendant.

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Defendant Apex Directional Drilling, LLC, and Plaintiff MP Nexlevel of California, Inc
through their attorneys of record, stipulate as follows:
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Pursuant to Judge Mendez's Order, Dkt. 16, the parties are required to meet and

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confer within 60 days of the service of the complaint as required by Rule 26(f) to prepare and

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submit to the Court a joint status report and discovery plan.

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2.

Defendant Apex has filed a motion to dismiss, presently set for hearing on

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September 17, 2014 (Dkt. 18). The parties have met and conferred, and agree that postponing the

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Rule 26(f) conference and preparation of the required joint status report until after the Court rules

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on the pending motion is in their collective interest and would save time and resources.

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3.

If Apex's motion is denied, the parties request that the Court schedule the

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Mandatory Scheduling Conference no sooner than sixty (60) days after issuing its decision, and

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the parties agree they will then proceed to conduct the required meet and confer and would have
-1STIPULATION AND PROPOSED ORDER TO RESCHEDULE MANDATORY SCHEDULING CONFERENCE
CASE NO.: 1:14−CV−00857−JAM-BAM
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the required joint status report and discovery plan prepared in advance of the status conference.
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Therefore, Apex and MP Nexlevel hereby stipulate, and request that the Court

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order that: i) the parties may postpone preparation of the required Rule 26(f) Joint Status Report

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until a time after the Court decides Apex's pending motion to dismiss; and, ii) should the Court

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deny Apex's motion to dismiss, the Mandatory Scheduling Conference be rescheduled for a date

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ideally no earlier than sixty (60) days after the Court's ruling.

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IT IS SO STIPULATED

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Dated: August 29, 2014

TONKON TORP, LLP

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/s/ David Rabbino_____________________
David Rabbino, Esq. (SBN 181291)
Attorneys for Defendant
APEX DIRECTIONAL DRILLING, LLC

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Dated: Authorized August 29, 2014

WILSON, ELSER, MOSKOWITZ, EDELMAN &
DICKER LLP

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/s/ Ben Patrick
Ben Patrick, Esq. (SBN 244092)
Attorneys for Plaintiff
MP NEXLEVEL OF CALIFORNIA, INC.

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ORDER
The foregoing Stipulation of the parties is hereby approved, and pursuant to the
Stipulation, IT IS HEREBY ORDERED that:
i) the parties may postpone preparation of the required Rule 26(f) Joint Status Report until
a time after the Court decides Apex's pending motion to dismiss; and,
ii) should the Court deny Apex's motion to dismiss, the parties shall file their joint status
report no later than sixty (60) days after the Court's ruling on the motion to dismiss.

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BY THE COURT:

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Dated: 8/29/2014

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/s/ John A. Mendez____________
Hon. John A. Mendez
United States District Court Judge

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035940/00017/5851109v1

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