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

Filing 44

STIPULATION AND ORDER continuing Further Case Management Conference to 12/7/2009 03:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 11/17/2009. (awb, COURT STAFF) (Filed on 11/17/2009)

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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, then until November 9, 2009; and then until November 23, 2009; WHEREAS as a result of the mediation on October 13, 2009, the parties have reduced the terms of a settlement to writing, and require some additional time to finalize and to execute the settlement documents, and the parties hereby request that the CMC be postponed for fourteen (14)
STIPULATION AND [PROPOSED] ORDER Case No.: CV-09-0883 MHP

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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 November 23, 2009 be postponed until December 7, 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 16, 2009 DERGOSITS & NOAH LLP By: /s/ Michael E. Dergosits Attorneys for Plaintiff and Counterdefendant EXERGETIC SYSTEMS, LLC

Dated: November 16, 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/ Michael E. Dergosits

IT IS SO ORDERED.

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STIPULATION AND PROPOSED ORDER ER C Case No.: CV-09-0883 MHP N F D IS T IC T O R

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D _________________________ RDERE S SO O H. Patel Hon. IT I Marilyn United States District Judge

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