Copart, Inc. v. Auto Auction Services Corp.

Filing 43

ORDER GRANTING 42 Stipulation to Continue Hearing and Initial Case Management Conference. Signed by Judge Jeffrey S. White on December 10, 2008. (jswlc2, COURT STAFF) (Filed on 12/10/2008)

Case 3:08-cv-03393-JSW

Document 42

Filed 12/09/2008

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Samuel R. Miller (SBN 66871) [e-mail] Robert B. Martin III (SBN 235489) [e-mail] SIDLEY AUSTIN LLP 555 California Street, Suite 2000 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Attorneys For Plaintiff COPART, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

COPART, INC., a California corporation, Plaintiff, vs. AUTO AUCTION SERVICES CORP., a Maryland corporation, Defendant.

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Case No. CV 08-3393 JSW STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON DEFENDANT'S MOTION TO DISMISS AND INITIAL CASE MANAGEMENT CONFERENCE Date: December 12, 2008 Time: 9:00 a.m. Judge: Honorable Jeffrey S. White

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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON DEFENDANT'S MOTION TO DISMISS AND INITIAL CASE MANAGEMENT CONFERENCE - CASE NO. CV 08-3393 JSW

Case 3:08-cv-03393-JSW

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WHEREAS, on August 25, 2008, Defendant Auto Auction Services Corporation ("AASC") filed a Motion to Dismiss the Complaint in this matter; WHEREAS, on August 29, 2008, the Court set December 12, 2008 as the hearing date for AASC's Motion to Dismiss; WHEREAS, on September 15, 2008, the Court set December 12, 2008 as the date for the Initial Case Management Conference, to follow the hearing on AASC's Motion to Dismiss; WHEREAS, on December 9, 2008, the parties reached a tentative agreement-in-principle to resolve amicably their disputes related to this matter, but anticipate needing additional time to formalize that tentative agreement-in-principle; WHEREAS, in the interests of judicial economy and to encourage settlement, the parties agreed to continue the hearing on AASC's Motion to Dismiss and the Initial Case Management Conference; THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, subject to approval of the Court, that the hearing on AASC's Motion to Dismiss and the Initial Case Management Conference are continued to February 13, 2009.

Respectfully submitted, Dated: December 9, 2008 SIDLEY AUSTIN LLP

By: /s/ Robert B. Martin III Robert B. Martin III Attorneys For Plaintiff Copart, Inc. Dated: December 9, 2008 ALSTON & BIRD LLP

By: /s/ Valarie C. Williams Valarie C. Williams Attorneys for Defendant Auto Auction Services Corp. 2
STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON DEFENDANT'S MOTION TO DISMISS AND INITIAL CASE MANAGEMENT CONFERENCE - CASE NO. CV 08-3393 JSW

Case 3:08-cv-03393-JSW

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[PROPOSED] ORDER Upon stipulation of the parties, and good cause appearing, the hearing on AASC's Motion to Dismiss and the Initial Case Management Conference are continued to February 13, 2009. IT IS SO ORDERED.

THE HONORABLE JEFFREY S. WHITE United States District Judge

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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON DEFENDANT'S MOTION TO DISMISS AND INITIAL CASE MANAGEMENT CONFERENCE - CASE NO. CV 08-3393 JSW