Advanced Laboratories International, LLC v. Valentus International et al

Filing 40

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 1/8/2018 CONTINUING the Pretrial Conference to 1/24/2018 at 10:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison. The parties may appear telephonically at the hearing. The parties shall file a single joint statement regarding all three Motions on or before 1/17/2018. Briefing on the Application shall also be due on or before 1/17/2018.(Hunt, G)

David A. Peck (Cal. Bar No. 171854)
1 Ross M. Campbell (Cal. Bar No. 234827)
2 Coast Law Group, LLP
1140 S. Coast Hwy 101
3 Encinitas, California 92024
Tel: [phone]
4 Fax: [phone]
Email: [e-mail]
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[e-mail]
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Attorneys for Defendants and Counterclaimants,
7 VALENTUS, INC. and DAVID JORDAN
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ADVANCED LABORATORIES
12 INTERNATIONAL, LLC,
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Plaintiff,
v.

15 VALENTUS INTERNATIONAL; DAVE
JORDAN, and DOES 1-20, inclusive,
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Defendants.
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Case No. 2:17-cv-00141-TLN-CMK
STIPULATION AND ORDER
CONTINUING HEARING DATE ON
MOTIONS TO COMPEL AND
APPLICATION FOR ORDER TO
SHOW CAUSE
Hearing Date: January 10, 2018
Hearing Time: 10:00 a.m.
Courtroom: 304, 3rd Floor
Judge: Hon. Craig M. Kellison

___________________________________

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VALENTUS, INC. and DAVID JORDAN;
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21 v.

Counterclaimants,

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ADVANCED LABORATORY
23 INTERNATIONAL, LLC; VITAE
GLOBAL, LLC; and LOUIS VOLPE;
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Counterdefendants.
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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE ON MOTIONS TO COMPEL (2:17-CV-001141-TLN-CMK)

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Defendant and Counterclaimant Valentus, Inc. (“Valentus”), on the one hand, and Plaintiff and
Counter-Defendant Advanced Laboratory International, LLC, and Counter-Defendants Vitae Global,
LLC and Louis Volpe (collectively, the “Counter-Defendants”) on the other hand, hereby stipulate and
agree as follows:
1.

Valentus has filed three separate motions to compel as against the Counter-Defendants

(Dkt. Nos. 24, 25, and 29) (the “Motions”).
2.

On November 28, 2017, to allow the parties to further meet and confer regarding the

Motions, the Court issued an Order continuing the hearing date on the Motions to January 10, 2018,
and continuing the due date for filing a Joint Statement to January 3, 2018. (Dkt. No. 35).
3.

On December 13, 2017, Valentus filed notice of its Application for Order to Show

Cause why Jane G. Lee should not be held in contempt for failing to comply with a document
subpoena (the “Application”). (Dkt. No. 38). The hearing on the Application is also scheduled for
January 10, 2018.
4.

The parties have since engaged in settlement discussions and believe they are close to

resolving this matter. To allow the parties to further discuss settlement, and to afford sufficient time to
prepare a settlement agreement, they request a three-week continuance of the foregoing dates. The
parties therefore request that the Court continue the hearing date on the Motions and Application to
January 24, 2018, and the due date for filing the Joint Statement and briefing on the Application to
January 17, 2018.
5.

Good cause exists to grant this request, to avoid potentially unnecessary time and

expense, and the need for the Court to resolve the Motions.
Dated: January 3, 2018

Respectfully submitted,

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COAST LAW GROUP, LLP

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/s/ Ross M. Campbell
Ross M. Campbell (Cal. Bar No. 234827)
1140 South Coast Highway 101
Encinitas, California 92024
Telephone: [phone]
Email: [e-mail]
Counsel for Valentus, Inc. and David Jordan

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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE ON MOTIONS TO COMPEL (2:17-CV-001141-TLN-CMK)

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BENJAMIN LAW OFFICES

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/s/ Steven Benjamin
Steven Benjamin, Esq. (Cal. Bar. No.176784)
1127 18th Street
Sacramento, California 95811
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff and Counterdefendants

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/s/ Roger Jaffe
Roger Jaffe, Esq. (Cal. Bar. No.126818)
770 L Street, Suite 950
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff and Counterdefendants

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ORDER
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Pursuant to the stipulation between the parties, IT IS HEREBY ORDERED that:
1.

Valentus, Inc.’s motions to compel (Docs. 24, 25, and 29) (the “Motions”), and its

18 application for order to show cause why Jane G. Lee should not be held in contempt for failing to
19 comply with a document subpoena (Doc. No. 38) (the “Application), currently set for hearing on
20 January 10, 2018, are reset for hearing in Redding, California, on January 24, 2018, at 10:00 a.m.; the
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parties may appear telephonically at the hearing; and

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2.

The parties shall file a single joint statement regarding all three Motions on or before

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January 17, 2018. Briefing on the Application shall also be due on or before January 17, 2018.

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26 Dated: January 8, 2018
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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE ON MOTIONS TO COMPEL (2:17-CV-001141-TLN-CMK)

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 3, 2018, I caused the foregoing document to be

3 electronically served upon counsel for Plaintiff and Counter-Defendants via ECF, as follows:
4 Steven Benjamin, Esq.
Benjamin Law Offices
5 1127 18th Street
Sacramento, California 95811
6 Telephone: [phone]
Facsimile: [phone]
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Email: [e-mail]
8 Attorneys for Plaintiff and Counterdefendants
9 Roger Jaffe, Esq.
770 L Street, Suite 950
10 Sacramento, California 95814
Telephone: [phone]
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Facsimile: [phone]
12 Email: [e-mail]
Attorneys for Plaintiff and Counterdefendants
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Dated: January 3, 2018
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/s/ Ross M. Campbell
Attorneys for Defendants and Counterclaimants

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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE ON MOTIONS TO COMPEL (2:17-CV-001141-TLN-CMK)