CytoSport, Inc. v. Proclaim Nutrition, LLC

Filing 13

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 11/1/2011 12 ORDERING that the Status Conference is CONTINUED to 1/30/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A joint status report shall be filed fourteen days prior to the hearing. (Duong, D)

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Glenn W. Peterson, Esq. (SBN 126173)
MILLSTONE, PETERSON & WATTS, LLP
2267 Lava Ridge Court, Suite 210
Roseville, CA 95661
Telephone: [phone]
Fax No: [phone]
Jed H. Hansen (SBN 10679)
THORPE NORTH & WESTERN, L.L.P.
8180 South 700 East, Suite 350
Sandy, Utah 84070-0562
Telephone: [phone]
Facsimile: [phone]
Mark M. Bettilyon (SBN 4798)
Samuel C. Straight (SBN 7638)
RAY QUINNEY & NEBEKER, PC
36 South State Street, Suite 1400
Salt Lake City, Utah 84111
Telephone: [phone]
Fax No: [phone]

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Attorneys for Plaintiff
CytoSport, Inc.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CYTOSPORT, INC., a California
corporation,

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Plaintiff,
vs.
PROCLAIM NUTRITION, LLC, a Nevada
Limited Liability Company,
Defendant.

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Case No.: 2:11-CV-01323-FCD-KJN
APPLICATION TO CONTINUE JOINT
SCHEDULING CONFERENCE;
[PROPOSED] ORDER CONTINUING
JOINT SCHEDULING CONFERENCE
______________________________________
DATE: November 14, 2011
TIME: 9:00 a.m.
CTRM.: 10
United States District Judge
Garland E. Burrell, Jr.

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APPLICATION TO CONTINUE JOINT SCHEDULING CONFERENCE; [PROPOSED] ORDER

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APPLICATION
By minute order dated September 1, 2011, this matter was set for an Initial Scheduling
Conference to be heard on November 14, 2011 at 9:00 a.m.

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Immediately after this action was filed, Defendant was contacted regarding potential

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settlement of the action. A settlement dialogue ensued, and has continued in earnest since the initial

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contact was made. Those discussions have matured to the point where a settlement agreement has

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been drafted by Plaintiff’s counsel and will soon be submitted to Defendant for review and

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consideration.

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appearance by Defendant. While recognizing that we are in arrears of the court-ordered schedule for

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a Joint Status Report, we believe that these circumstances warrant a 45-day postponement of the

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Pretrial Scheduling Conference, and respectfully request that the Court order that the scheduling

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conference be continued for approximately 45 days. We are hopeful that a voluntary dismissal will

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precede the new conference date.

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DATED: October 28, 2011

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We are hopeful that the matter will be resolved without the necessity of an

Jed H. Hansen
THORPE NORTH & WESTERN, L.L.P.

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-and17
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MILLSTONE, PETERSON & WATTS, LLP
Attorneys at Law

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By:

/s/ Glenn W. Peterson
GLENN W. PETERSON

Attorneys for Plaintiff
CytoSport, Inc.
I hereby attest that I have on file all holograph signatures for any signatures indicated by a
"conformed" signature (/s/) within this e-filed document.
MILLSTONE PETERSON & WATTS, LLP
/s/ Glenn W. Peterson

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APPLICATION TO CONTINUE JOINT SCHEDULING CONFERENCE; [PROPOSED] ORDER

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ORDER

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Based upon the foregoing application, and good cause appearing, the Status (Pretrial

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Scheduling) Conference in this matter is continued to January 30, 2012, at 9:00 a.m. A joint status

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report shall be filed fourteen days prior to the hearing.

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SO ORDERED.

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Date: 11/1/2011

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_________________________
GARLAND E. BURRELL, JR.
United States District Judge

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DEAC_Signature-END:

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APPLICATION TO CONTINUE JOINT SCHEDULING CONFERENCE; [PROPOSED] ORDER