Clayton v. Automated Gaming Technologies, Inc.
Filing
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ORDER 196 signed by Judge John A. Mendez on 3/18/2015. Defense counsel Downey Brand's 159 Motion for Withdrawal as Counsel is GRANTED. The 159 Motion is GRANTED and EFFECTIVE immediately as to Prather and Magnanti. The 159 is GRANTED and EFFECTIVE as of 4/10/2015 as to withdrawal as counsel for Automated Gaming Technologies, to allow parties to attend a Settlement Conference, which has been set for 3/30/2015 at 9:00 AM in Department 25 before Magistrate Judge Kendall Newman. Until 4/10/2015, Downey Brand LLP shall only be required to represent AGT in connection with Settlement Conference and is not required to represent it in any other issues or matters.Furthermore, effective 3/11/2015, all Discovery and Discovery Motions in a ctionare STAYED until 4/10/2015. Upon application of one of the parties, which may be Ex Parte, the Court will grant a reasonable extension of the current Discovery cut-off. In any event, and notwithstanding current Discovery cut-off, the deposition of Robert Magnanti by plaintiff is set for, and absent contrary Stipulation shall take place on 4/17/2015, starting at 10:00 AM. in Sacramento, California at the office of court reporter selected by plaintiff, Keith R. Clayton. Plaintiff's counsel shall serve notice of the deposition, including its exact location. (Marciel, M)
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DOWNEY BRAND LLP
MATTHEW J. WEBER (Bar No. 227314)
KATIE KONZ (Bar No. 271436)
CHRISTOPHER B. BURTON (Bar No. 296582)
3425 Brookside Road, Suite A
Stockton, CA 95219-1757
Telephone:
(209) 473-6450
Facsimile:
(209) 473-6455
mweber@downeybrand.com
kkonz@downeybrand.com
cburton@downeybrand.com
Attorneys for Defendant and Counter-Claimant
AUTOMATED GAMING TECHNOLOGIES, INC., and
Defendants JOHN B. PRATHER and ROBERT
MAGNANTI
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DOWNEY BRAND LLP
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KEITH R. CLAYTON,
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Plaintiff,
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v.
AUTOMATED GAMING
TECHNOLOGIES, INC., a Nevada
corporation, JOHN R. PRATHER and
ROBERT MAGNANTI,
Defendants.
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March 11, 2015
9:30 a.m.
Courtroom 6, 14th Floor
Hon. John A. Mendez
v.
KEITH R. CLAYTON, and DOES 1
through 10, inclusive,
Counter-Defendants.
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Date:
Time:
Dept:
Judge:
Counter-Claimant,
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ORDER GRANTING DOWNEY BRAND
LLP’S MOTION TO WITHDRAW AS
COUNSEL FOR DEFENDANT AND
COUNTER-CLAIMANT, AUTOMATED
GAMING TECHNOLOGIES, INC., AND
DEFENDANTS, JOHN B. PRATHER AND
ROBERT MAGNANTI
AUTOMATED GAMING
TECHNOLOGIES, INC., a Nevada
corporation,
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CASE NO. 2:13-cv-00907-JAM-EFB
///
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1402311.1
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[PROPOSED] ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL
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This matter came before the Court on March 11, 2015, for a status conference and to
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reconsider Downey Brand LLP’s Motion to Withdraw as Counsel for Defendant/Counter-
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Claimant, AUTOMATED GAMING TECHNOLOGIES, INC. (“AGT”) and Defendants, JOHN
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B. PRATHER (“Prather”) and ROBERT MAGNANTI (“Magnanti”) (“Motion”) (Docket No.
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159). Matthew J. Weber, Esq. of Downey Brand LLP appeared on behalf of Downey Brand, LLP
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and as counsel for AGT, Prather and Magnanti, and Prather and Magnanti personally appeared.
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Gilbert J. Premo appeared as counsel for plaintiff and cross-defendant Keith R. Clayton
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(“plaintiff”).
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After review of the Motion, the Declaration of Matthew J. Weber, the Memorandum of
Points and Authorities, and after conducting an in camera hearing with Prather, Magnanti and
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Matthew Weber, for good cause shown, the Court GRANTS Downey Brand LLP’s Motion to
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DOWNEY BRAND LLP
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Withdraw, as follows:
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The Motion is granted and effective immediately as to Prather and Magnanti; the Motion
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is granted and effective as of April 10, 2015 as to withdrawal as counsel for AGT, to allow the
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parties to attend a settlement conference, which has been set for March 30, 2015, at 9:00 a.m. in
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Department 25, before Magistrate Judge Kendall Newman. Until April 10, 2015, Downey Brand
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LLP shall only be required to represent AGT in connection with the settlement conference and is
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not required to represent it in any other issues or matters.
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Furthermore, effective March 11, 2015, all discovery and discovery motions in this action
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are stayed until April 10, 2015. Upon application of one of the parties, which may be ex-parte,
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the Court will grant a reasonable extension of the current discovery cut-off.
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In any event, and notwithstanding the current discovery cut-off, the deposition of Robert
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Magnanti by plaintiff is set for, and absent contrary stipulation shall take place on, April 17,
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2015, starting at 10:00 a.m. in Sacramento, California at the office of the court reporter selected
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by plaintiff, Keith R. Clayton. Plaintiff’s counsel shall serve notice of the deposition, including its
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exact location.
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1402311.1
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[PROPOSED] ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL
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The address to serve Defendant and Cross-Complainant Automated Gaming
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Technologies, Inc., and defendants John Prather and Robert Magnanti, is 6845 S. Escondido
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Street, #104 Las, Vegas, 89119. The telephone number of said parties is 702-685-8415.
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IT IS SO ORDERED.
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DATED: 3/18/2015
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/s/ John A. Mendez____________
Honorable John A. Mendez
United States District Court Judge
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APPROVED AS TO FORM:
DATED: March 17, 2015
DOWNEY BRAND LLP
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/s/ Gilbert J. Premo
GILBERT PREMO
Attorney For Plaintiff & Cross-Defendant
Keith R. Clayton
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1402311.1
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[PROPOSED] ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL
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