Clayton v. Automated Gaming Technologies, Inc.

Filing 197

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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1 2 3 4 5 6 7 8 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 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 DOWNEY BRAND LLP 12 KEITH R. CLAYTON, 13 Plaintiff, 14 15 16 17 v. AUTOMATED GAMING TECHNOLOGIES, INC., a Nevada corporation, JOHN R. PRATHER and ROBERT MAGNANTI, Defendants. 18 19 20 21 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. 26 27 Date: Time: Dept: Judge: Counter-Claimant, 23 25 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, 22 24 CASE NO. 2:13-cv-00907-JAM-EFB /// 28 1402311.1 1 [PROPOSED] ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL 1 This matter came before the Court on March 11, 2015, for a status conference and to 2 reconsider Downey Brand LLP’s Motion to Withdraw as Counsel for Defendant/Counter- 3 Claimant, AUTOMATED GAMING TECHNOLOGIES, INC. (“AGT”) and Defendants, JOHN 4 B. PRATHER (“Prather”) and ROBERT MAGNANTI (“Magnanti”) (“Motion”) (Docket No. 5 159). Matthew J. Weber, Esq. of Downey Brand LLP appeared on behalf of Downey Brand, LLP 6 and as counsel for AGT, Prather and Magnanti, and Prather and Magnanti personally appeared. 7 Gilbert J. Premo appeared as counsel for plaintiff and cross-defendant Keith R. Clayton 8 (“plaintiff”). 9 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 11 Matthew Weber, for good cause shown, the Court GRANTS Downey Brand LLP’s Motion to 12 DOWNEY BRAND LLP 10 Withdraw, as follows: 13 The Motion is granted and effective immediately as to Prather and Magnanti; the Motion 14 is granted and effective as of April 10, 2015 as to withdrawal as counsel for AGT, to allow the 15 parties to attend a settlement conference, which has been set for March 30, 2015, at 9:00 a.m. in 16 Department 25, before Magistrate Judge Kendall Newman. Until April 10, 2015, Downey Brand 17 LLP shall only be required to represent AGT in connection with the settlement conference and is 18 not required to represent it in any other issues or matters. 19 Furthermore, effective March 11, 2015, all discovery and discovery motions in this action 20 are stayed until April 10, 2015. Upon application of one of the parties, which may be ex-parte, 21 the Court will grant a reasonable extension of the current discovery cut-off. 22 In any event, and notwithstanding the current discovery cut-off, the deposition of Robert 23 Magnanti by plaintiff is set for, and absent contrary stipulation shall take place on, April 17, 24 2015, starting at 10:00 a.m. in Sacramento, California at the office of the court reporter selected 25 by plaintiff, Keith R. Clayton. Plaintiff’s counsel shall serve notice of the deposition, including its 26 exact location. 27 28 1402311.1 2 [PROPOSED] ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL 1 The address to serve Defendant and Cross-Complainant Automated Gaming 2 Technologies, Inc., and defendants John Prather and Robert Magnanti, is 6845 S. Escondido 3 Street, #104 Las, Vegas, 89119. The telephone number of said parties is 702-685-8415. 4 IT IS SO ORDERED. 5 6 DATED: 3/18/2015 7 /s/ John A. Mendez____________ Honorable John A. Mendez United States District Court Judge 8 9 10 11 APPROVED AS TO FORM: DATED: March 17, 2015 DOWNEY BRAND LLP 12 /s/ Gilbert J. Premo GILBERT PREMO Attorney For Plaintiff & Cross-Defendant Keith R. Clayton 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1402311.1 3 [PROPOSED] ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL

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