Datatel Solutions, Inc., v. Keane Telecom Consulting, LLC, et al

Filing 27

STIPULATON and ORDER signed by Judge Garland E. Burrell, Jr. on 12/4/2012 WITHDRAWING 13 , 19 Motions for Default Judgment; VACATING the Motion Hearings as to 13 , 19 Motions for Default Judgment; VACATING 9 , 10 Clerk's Entries of Defa ult; REFERRING case to this Court's Voluntary Dispute Resolution Program; GRANTING 90 days leave of court to complete alternative dispute resolution; in the event alternative dispute resolution fails to resolve this case, ORDERING Defendant to r espond to Plaintiff's 2 Complaint 14 days after the conclusion of alternative dispute resolution; CONTINUING the Pretrial Scheduling Conference to 4/15/2013 at 9:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (cc: VDRP) (Michel, G)

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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]
Attorneys for Plaintiff,
Datatel Solutions, Inc.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DATATEL SOLUTIONS, INC., a California
corporation,
Plaintiff,

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vs.

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KEANE TELECOM CONSULTING, LLC, a
New Jersey limited liability company;
OUTREACH TELECOM AND ENERGY,
LLC, a New Jersey limited liability company;
and DOES 1 through 10, inclusive,

Case No.: 2:12-CV-01306-GEB-EFB
GENERAL APPEARANCE BY
SUCCESSOR IN INTEREST TO
DEFENDANTS; STIPULATION TO
VACATE ENTRY OF DEFAULT, FOR
REFERRAL TO VDRP AND RELATED
RELIEF
______________________________________
Complaint Filed:
Trial Date:

May 14, 2012
Not Set

Defendants.

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PLAINTIFF AND DEFENDANTS, by and through their respective undersigned counsel,
hereby stipulate and agree as follows.

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OUTREACH TECHNOLOGY, LLC, as the alleged successor-in-interest to named

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defendants KEANE

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ENERGY, LLC, retained the undersigned counsel (“defense counsel”) after Plaintiff’s application

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for entry of default judgment (Doc. 13) was filed and the time to oppose same had expired. On

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November 26, 2012, defense counsel contacted plaintiff’s counsel and requested a stipulation to

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withdraw the application. Plaintiff’s counsel refused. On November 30, 2012, plaintiff’s counsel

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TELECOM CONSULTING, LLC and OUTREACH TELECOM AND

PLAINTIFF’S STATUS REPORT

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and defense counsel reach a stipulated resolution of the pending application for entry of judgment,

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the complete terms of which are as follows (subject to court approval):

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1. OUTREACH TECHNOLOGY, LLC, a Florida limited liability company, as the putative

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successor-in-interest to named Defendants, KEANE TELECOM CONSULTING, LLC, a

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New Jersey limited liability company and OUTREACH TELECOM AND ENERGY,

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LLC, a New Jersey limited liability company, without waiving any rights and/or defenses

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available to it, including without limitation jurisdictional, procedural and substantive

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defenses, if any, hereby generally appears in this action for the purpose of entering this

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stipulation and proceeding with mediation pursuant to Section 16 of the SP Agreement as

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amended in 2010. Similarly, plaintiff waives no rights or claims presently alleged in the

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complaint, including without limitation the claim that the named defendants were not and

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are not now predecessors in interest of Outreach Technology, LLC.

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2. Plaintiff hereby withdraws the pending application for entry of judgment without

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prejudice and requests that the Court vacate the hearing date on same.
3. Plaintiff hereby stipulates to and requests an Order vacating the Clerk’s entry of default

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in this matter on August 2, 2012.

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4. In lieu of the ADR (alternative dispute resolution) provisions in the contract in suit, the

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parties’ hereby request referral to this Court’s Voluntary Dispute Resolution Program

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(“VDRP”) and 90 days’ leave of court to complete ADR therein.

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5. Should ADR fail to resolve this case, the parties shall return to the status quo ante and

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Defendant(s) shall file a responsive pleading to Plaintiff’s complaint not later than 14

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days after the ADR session has been concluded.

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6. If this stipulation is accepted by the Court, the parties jointly request that the Court

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schedule the initial Joint Status/Scheduling Conference on a date convenient to the Court,

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but approximately 120 days from entry of the order on this stipulation.

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7. The Court may adopt this stipulation and enter it as an order binding upon the parties.

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PLAINTIFF’S STATUS REPORT

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8. This stipulation is subject to Court approval. Should the Court decline to approve it, the

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parties agree that they shall restore the status quo (by further stipulations if necessary)

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existing as of 5 p.m. on November 30, 2012.

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IT IS SO STIPULATED.

DATED: November 30, 2012

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MILLSTONE, PETERSON & WATTS, LLP
Attorneys at Law

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By:

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/s/ Glenn W. Peterson
GLENN W. PETERSON

Attorneys for Plaintiff, Datatel Solutions Inc.

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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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DATED: December 4, 2012
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MURPHY CAMPBELL GUTHRIE &
ALLISTON
Attorneys at Law

By:

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Attorneys for Outreach Technology, LLC as
successor-in- interest to Keane Telecom Consulting,
LLC and Outreach Telecom and Energy, LLC.

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/s/ J. Douglas Durham
J. DOUGLAS DURHAM

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.
MURPHY CAMPBELL GUTHRIE & ALLISTON /s/ J. Douglas Durham
The parties’ stipulation is approved. The pretrial scheduling conference, currently set for
March 18, 2013, is rescheduled for April 15, 2013, at 9:00 am. A joint status report shall be filed
fourteen days prior to the hearing.
Date: 12/4/2012
___________________________________
GARLAND E. BURRELL, JR.
Senior United States District Judge
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PLAINTIFF’S STATUS REPORT

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PLAINTIFF’S STATUS REPORT