Exergetic Systems, LLC v. Energy Future Holding Corp et al

Filing 42

STIPULATION AND ORDER: Further Case Management Conference continued to 11/23/2009 03:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 11/3/2009. (awb, COURT STAFF) (Filed on 11/3/2009)

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MICHAEL E. DERGOSITS (SBN 118206) TODD A. NOAH (SBN 152328) TED K. JOE (SBN 242589) DERGOSITS & NOAH LLP Three Embarcadero Center, Suite 410 San Francisco, California 94111 Tel: [phone] Fax: [phone] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] Attorneys for Plaintiff EXERGETIC SYSTEMS, LLC

ARTHUR S. BEEMAN (SBN 237996) PAMELA K. FULMER (SBN 154736) BRETT A. LOVEJOY (SBN 212942) JONES DAY 555 California St., 26th Floor San Francisco, CA 94104-1500 Telephone: [phone] Facsimile: [phone] email: [e-mail] email: [e-mail] email: [e-mail] Attorneys for Defendants and Counterclaimants EDISON MISSION ENERGY and MIDWEST GENERATION, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

EXERGETIC SYSTEMS, LLC, Plaintiff, v. EDISON MISSION ENERGY; and MIDWEST GENERATION LLC, Defendants. AND RELATED COUNTERCLAIMS

Case No. 09-0883-MHP STIPULATION AND [PROPOSED] ORDER RE: CASE MANAGEMENT CONFERENCE

WHEREAS this Court held a Case Management Conference on July 6, 2009, and ordered Plaintiff Exergetic Systems, LLC and Defendants Edison Mission Energy and Midwest Generation LLC ("the Parties") to return for a Further Case Management Conference on September 21, 2009, subsequently continued by Court Order until October 26, 2009, and then until November 9, 2009; WHEREAS as a result of the mediation on October 13, 2009, the parties are in the process of reducing the terms of a settlement to writing, having exchanged drafts of the settlement documentation and requiring some additional time to finalize the settlement documents, and the
STIPULATION AND [PROPOSED] ORDER Case No.: CV-09-0883 MHP

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parties request that the CMC be postponed for fourteen (14) additional days to provide the parties with an opportunity to execute final settlement documents. NOW THEREFORE the Parties hereby stipulate, and respectfully request, through their respective counsel of record, that the Further Case Management Conference now set for 3:00 November 9, 2009 be postponed until November 23, 2009 at 2:00 P.M., subject to the Court's availability on that date. The Parties shall file jointly a Further Case Management Conference Statement five (5) court days before the continued case Further Case Management Statement.

IT IS SO STIPULATED. Dated: November 2, 2009 DERGOSITS & NOAH LLP /s/ Michael E. Dergosits Attorneys for Plaintiff and Counterdefendant EXERGETIC SYSTEMS, LLC By:

Dated: November 2, 2009

JONES DAY By: /s/ Arthur S. Beeman Attorneys for Defendants and Counterclaimants EDISON MISSION ENERGY and MIDWEST GENERATION LLC

I attest under penalty of perjury that concurrence in the filing of this document has been obtained from Defendants' counsel, Arthur S. Beeman. /s/

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IT IS SO ORDERED. 3 Dated: November ___, 2009

Michael E. S DISTRICTDergosits TE C TA

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STIPULATION AND PROPOSED OPRDER Case No.: CV-09-0883 MHP E

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STIPULATION AND [PROPOSED] ORDER Case No.: CV-09-0883 MHP