Orrick, Herrington & Sutcliffe, LLP v. EngagePoint, Inc.

Filing 13

ORDER signed by District Judge Kimberly J. Mueller on 06/08/17 ORDERING that, pursuant to 10 Stipulation, the 1 Petition shall be submitted upon the record and briefs on file with the Court. (Benson, A)

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J.R. RIDDELL (State Bar No. 225004)
[e-mail]
ERIC R. OLAH (State Bar No. 295513)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
Sacramento, CA 95814-4497
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Petitioner

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ORRICK, HERRINGTON & SUTCLIFFE,
LLP,

Case No. 2:17-cv-01163-KJM-KJN

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ORDER GRANTING STIPULATION
TO SUBMIT THE PETITION UPON
THE RECORD AND BRIEFS ON FILE
PURSUANT TO LOCAL RULE 230(g)

Petitioner,
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v.
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ENGAGEPOINT, INC.,

EXPEDITED CONSIDERATION
REQUESTED

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Respondent.
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WHEREAS, Petitioner Orrick, Herrington & Sutcliffe, LLP (“Petitioner”) and
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Respondent EngagePoint, Inc. (“Respondent”) commenced arbitration to resolve a dispute over
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Respondent’s unpaid legal fees;
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WHEREAS, Petitioner and Respondent executed a settlement agreement and several
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exhibits thereto to resolve the arbitration dispute on May 26, 2017;
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WHEREAS, the Arbitrator presiding over the arbitration entered, pursuant to a stipulation
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of Petitioner and Respondent, a Final Award on June 1, 2017;
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WHEREAS, Petitioner filed in this Court a Petition to Confirm Arbitration Award and for
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Entry of Judgement on June 2, 2017 (ECF No. 1);
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OHSUSA:766967054.1

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ORDER GRANTING STIPULATION PURSUANT TO
L.R. 230(G)
(CASE NO. 2:17-CV-01163-KJM-KJN)

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WHEREAS, Petitioner submitted in support of the Petition a declaration from James E.
Carbine (ECF No. 1-3) on June 2, 2017;

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WHEREAS, Mr. Carbine’s declaration states that he serves as counsel for Respondent,

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that “Respondent does not seek to have the Arbitration Award vacated, modified, or corrected[,]”

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and that “Respondent does not oppose the Petition to Confirm Arbitration Consent Award and

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Entry of Judgment, which seeks confirmation of the Arbitration Award and entry of judgment in

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Petitioner’s favor in the amount of $1,544,883.68,” (ECF No. 1-3); and

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IT IS HEREBY STIPULATED by and between Petitioner and Respondent that, pursuant

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to Local Rule 230(c), Mr. Carbine’s declaration and this Stipulation shall serve as Respondent’s

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statement of non-opposition to the granting of the Petition.

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IT IS FURTHER STIPULATED by and between Petitioner and Respondent that, pursuant

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to Local Rule 230(g), the Petition shall be submitted upon the record and briefs on file with the

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Court. Furthermore, Petitioner and Respondent jointly request that the Court give the Petition

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expedited consideration and grant the relief requested in the Petition at the Court’s earliest

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convenience.

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Dated: June 7, 2017.

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SANDRA L. SAVA
Meissner, Joseph & Palley

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By:

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Dated: June 7, 2017.

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/s/ Sandra L. Sava
(as authorized on June 7, 2017)
SANDRA L. SAVA
Attorneys for Respondent

ERIC R. OLAH
Orrick, Herrington & Sutcliffe LLP

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By:

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/s/ Eric R. Olah
ERIC R. OLAH
Attorneys for Petitioner

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OHSUSA:766967054.1

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ORDER GRANTING STIPULATION PURSUANT TO
L.R. 230(G)
(CASE NO. 2:17-CV-01163-KJM-KJN)

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ORDER
Pursuant to Local Rule 230(g) and the foregoing stipulation between Petitioner Orrick,

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Herrington & Sutcliffe LLP and Respondent EngagePoint, Inc., the Petition (ECF No. 1) shall be

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submitted upon the record and briefs on file with the Court.

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IT IS SO ORDERED.
DATED: June 8, 2017.

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UNITED STATES DISTRICT JUDGE

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OHSUSA:766967054.1

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ORDER GRANTING STIPULATION PURSUANT TO
L.R. 230(G)
(CASE NO. 2:17-CV-01163-KJM-KJN)