Ikon Office Solutions, Inc. v. Rezente et al

Filing 97

STIPULATION and ORDER 96 signed by Judge William B. Shubb on 3/2/2011 granting request for IKON's Opposition to 93 Defendant Christy Friend's Motion to Dismiss to be filed by 3/18/2011. The 93 Motion Hearing is continued from 3/28/2011 to 4/11/2011 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kirksey Smith, K)

-EFB (TEMP) Ikon Office Solutions, Inc. v. Rezente et al

Doc. 97

1 Richard L. Seabolt (SBN 67469) Terrance J. Evans (SBN 227671) 2 DUANE MORRIS LLP One Market Plaza, Spear Tower 3 Suite 2200 San Francisco, CA 94105-1127 4 T: 415.957.3000 F: 415.957.3001 5 Email: [e-mail] [e-mail] 6 7 Thomas T. Loder (Pro Hac Vice) 8 Sean K. Burke (Pro Hac Vice) DUANE MORRIS LLP 9 30 South 17th Street Philadelphia, PA 19103 10 T: 215-979-1246/7352 F: 215-979-1020 11 Email: [e-mail] [e-mail] 12 Attorneys for Plaintiff 13 IKON OFFICE SOLUTIONS, INC. 14 15 16 17 18 IKON OFFICE SOLUTIONS, INC., 19 Plaintiff,

Mark E. Ellis - 127159 Daniel D. McGee - 218947 Maria S. Rosenfeld - 186116 ELLIS, LaVOIE, POIRIER,
STEINHEIMER & McGEE LLP

555 University Avenue, Suite 200 East Sacramento, CA 95825 T: 916.283.8820 F: 916.283.8821 Email: [e-mail] [e-mail] [e-mail]

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO Case No.: 2:10-cv-01704-WBS-EFB (TEMP) JOINT MOTION FOR ORDER TO CONTINUE HEARING DATE AND TIME FOR PLAINTIFF TO RESPOND TO CHRISTY FRIEND'S MOTION TO DISMISS THE TORTIOUS INTERFERENCE AND BREACH OF DUTY OF LOYALTY CLAIMS STATED IN PLAINTIFF'S SECOND AMENDED COMPLAINT Courtroom: Judge: Complaint Filed: FAC Filed: SAC Filed: 5, 14th Floor Hon. William B. Shubb September 15, 2009 November 2, 2010 December 28, 2010

20 MICHAEL REZENTE and CHRISTY FRIEND, 21 22 23 24 25 26 27 28 1
STIPULATION TO EXTEND TIME

Defendants.

CASE NO. 2:10-CV-01704-WBS-EFB
Dockets.Justia.com

1

Plaintiff IKON Office Solutions, Inc. ("IKON") and Defendant Christy Friend

2 ("Friend"), by their respective counsel, and in accordance with Civil Local Rules 143 3 and 144, hereby jointly stipulate and move this Court for an order continuing the 4 hearing date on Friend's currently pending "Motion to Dismiss the Interference with 5 Prospective Economic Relations and Breach of Loyalty Claims Stated Against 6 Defendant Christy Friend Within IKON's Second Amended Complaint" (hereinafter 7 "Friend's Motion") (Docket No. 93) from March 28, 2011 to April 11, 2011 or until 8 such time thereafter as is convenient for the Court, and also granting IKON an 9 extension of time of at least fourteen (14) additional days, through and including 10 March 18, 2011, instead of March 4, 2011, to file and serve its Opposition to Friend's 11 Motion (Docket No. 93). In support of the foregoing, IKON and Friend (the 12 "Parties") stipulate as follows: 13 14 15 16 17 18 19 20 21 22 23 24

1.

Friend's Motion was filed on or about January 12, 2011. The Court, by its Order dated February 9, 2011 (Docket No. 95), previously approved a stipulation for an extension of time for IKON to respond to Friend's Motion until March 4, 2011;

2.

In the interim, the Parties have engaged in continuing settlement discussions. The Parties wish to pursue said discussions, and to devote their resources and energy to the possibility of resolving their disputes; and

3.

Accordingly, the Parties have agreed to extensions of time for discovery and, for purposes of this joint motion, for IKON's filing of its Opposition to Friend's Motion.

WHEREFORE, the Parties hereby jointly stipulate and move the Court for an

25 order continuing the hearing date on Friend's Motion (Docket No. 93) from March 28, 26 2011 to April 11, 2011 or until such time thereafter as is convenient for the Court, and 27 also granting IKON an extension of time of at least fourteen (14) additional days, 28 2
STIPULATION TO EXTEND TIME CASE NO. 2:10-CV-01704-WBS-EFB

1 through and including March 18, 2011, to file and serve its Opposition to Friend's 2 Motion. 3

Pursuant to this extension, IKON's Opposition to Friend's Motion (Docket No.

4 93) would now be due by March 18, 2011, instead of March 4, 2011, and the hearing 5 date on Friend's Motion would be continued from March 28, 2011 to April 11, 2011 6 or until such time thereafter as is convenient for the Court. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
STIPULATION TO EXTEND TIME CASE NO. 2:10-CV-01704-WBS-EFB

Respectfully Submitted, DUANE MORRIS LLP ELLIS, LaVOIE, POIRIER, STEINHEIMER & McGEE LLP By: ______/s/ Mark E. Ellis______________ Mark E Ellis Maria S. Rosenfeld Counsel for Defendants Michael Rezente and Christy Friend Dated: March 2, 2011

By:

/s/ Terrance J. Evans __ Richard L. Seabolt Terrance J. Evans Attorneys for Plaintiff IKON Office Solutions, Inc.

Dated: March 2, 2011

1 2 3 4 5 IKON OFFICE SOLUTIONS, INC., 6 Plaintiff, 7 MICHAEL REZENTE and CHRISTY FRIEND, 8 Defendants. 9 10 11 12 Judge: Complaint Filed: FAC Filed: SAC Filed: Hon. William B. Shubb September 15, 2009 November 2, 2010 December 28, 2010 Courtroom: 5, 14th Floor ORDER Case No.: 2:10-cv-01704-WBS-EFB (TEMP) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO

AND NOW, this 2nd day of March, 2011, upon consideration of the Joint

13 Motion of the Parties to Continue Hearing Date and Time For Plaintiff To Respond 14 To Christy Friend's Motion to Dismiss the Tortious Interference and Breach of Duty 15 of Loyalty Claims Stated in Plaintiff's Second Amended Complaint (the "Motion"), 16 IT IS HEREBY ORDERED that the Motion is GRANTED . Pursuant to this 17 extension, IKON's Opposition to Friend's Motion is now due by March 18, 2011, and 18 the hearing date on Friend's Motion is continued from March 28, 2011 to April 11, 19 2011 at 2:00 p.m. 20 21 Dated: March 2, 2011 22 23 24 25 26 27 28 1
ORDER CASE NO. 2:10-CV-01704-WBS-EFB