Castaline v. Aaron Mueller Arts et al

Filing 30

ORDER extending deadline for mediation to be completed by 3/10/2010 re 26 Stipulation filed by Jeffrey Castaline. Signed by Judge Charles R. Breyer on 11/24/2009. (be, COURT STAFF) (Filed on 11/25/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CARR, McCLELLAN, INGERSOLL, THOMPSON & HORN Professional Law Corporation Barry J. Parker, Esq. (Bar No. 151732) John D. Minton, Esq. (Bar No. 223823) 216 Park Road P.O. Box 513 Burlingame, California 94011-0513 Telephone: (650) 342-9600 Facsimile: (650) 342-7685 Email: jminton@carr-mcclellan.com Attorneys for Plaintiff JEFFREY CASTALINE d/b/a AANRAKU GLASS STUDIOS BUSINESS AND TECHNOLOGY LAW GROUP Stephen N. Hollman, Esq. (Bar No. 55219) 160 W. Santa Clara Street, Suite 1050 San Jose, CA 95113 Telephone: (408) 282-1949 Facsimile: (408) 275-9930 Email: fff@businessandtechnologylawgroup.com Attorneys for Defendants AARON MUELLER ARTS, FINDINGS FOR FUSED, AARON MUELLER, AND RONDA MUELLER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION JEFFREY CASTALINE, an individual and sole proprietor d/b/a AANRAKU GLASS STUDIOS, Plaintiff, v. AARON MUELLER ARTS, FINDINGS FOR FUSED, AARON MUELLER RONDA MUELLER, and DOES 1 THROUGH 10, inclusive, Defendants. Case No. CV 09-2543 CRB STIPULATED REQUEST FOR ORDER EXTENDING DEADLINE FOR MEDIATION; [PROPOSED] ORDER [L.R. 6-2] STIPULATION CV 09-2543 CRB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Civ. L.R. 6-2, for the reasons set forth below, the parties to the abovecaptioned action stipulate to an order extending the deadline for the completion of mediation in this action. STIPULATION WHEREAS, the current deadline for completion of mediation is November 30, 2009; WHEREAS, no trial date has yet been set in this case; WHEREAS, the parties have had two preliminary telephone conferences with the appointed mediator, Jonathan Schmidt, and have a third call with Mr. Schmidt provisionally scheduled for December 18, 2009; WHEREAS, Defendants have filed a motion for leave to file a First Amended Answer and to assert a Counterclaim, which motion is currently scheduled to be heard on December 11, 2009, and Defendants believe the state of the pleadings must be settled, the case be at issue, and they have an opportunity to propound discovery and receive responses to such discovery before any meaningful mediation can take place; WHEREAS, the Court has calendared for the same date as Defendants' motion, December 11, 2009, a Case Management Conference; WHEREAS, for these reasons, the parties wish for the mediation to be scheduled for a date in 2010; WHEREAS, moving the deadline for the completion of mediation would not affect any other deadline in the case; WHEREAS, there have been no previous time modifications in the case; WHEREAS, Aanraku believes a mediation deadline of January 31, 2010 is appropriate; WHEREAS, Defendants strongly believe a mediation deadline of March 31, 2010 is appropriate; NOW, THEREFORE, the parties hereby stipulate that the deadline for the completion of mediation should be extended until no earlier than January 31, 2010 or no later than March 31, 2010, or such other date in 2010 as the Court may deem appropriate in the circumstances. -2- STIPULATION CV 09-2543 CRB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO STIPULATED. Dated: November 20, 2009 CARR, McCLELLAN, INGERSOLL, THOMPSON & HORN Professional Law Corporation By: /s/ John D. Minton Attorneys for Plaintiff JEFFREY CASTALINE d/b/a AANRAKU GLASS STUDIOS Dated: November 20, 2009 BUSINESS & TECHNOLOGY LAW GROUP By: /s/ Stephen N. Hollman, Esq. Attorneys for Defendants AARON MUELLER ARTS, FINDINGS FOR FUSED, AARON MUELLER, AND RONDA MUELLER Filer's Attestation: Pursuant to General Order No. 45, § X(B), I attest that concurrence in the filing of this document has been obtained from its signatory. Dated: November 20, 2009 /s/ John D. Minton [PROPOSED] ORDER The Court having considered the parties' stipulation to extend the deadline from the completion of the mediation, and good cause appearing, the request is hereby GRANTED. The current deadline for mediation, November 30, 2009, is VACATED. The new deadline for the completion of mediation is ____________________. March 10, 2010 PURSUANT TO STIPULATION, IT IS SO ORDERED. ISTRIC ES D TC AT T RT U O 29195-00001\iManage\3133861.2 N F D IS T IC T O R A -3- ER STIPULATION CV 09-2543 CRB C LI FO . harles R Judge C Breyer R NIA D ________________________________ RDERE S SO O IT I UNITED STATES DISTRICT JUDGE NO UNIT ED DATED: November 24, 2009 S RT H

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