Goodman v. Numonyx B.V.

Filing 36

ORDER by Judge Marilyn Hall Patel granting 35 Motion to extend mediation deadline to 90 days following determination of jurisdiction (awb, COURT STAFF) (Filed on 3/17/2010)

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Plaintiff JAMES B. GOODMAN ("Goodman") and Defendant NUMONYX B.V. ("Numonyx B.V.") are submitting this Stipulated Motion to extend the deadline for Mediation for 90 days after the Court resolves the issue of jurisdiction. On November 4, 2009, Numonyx B.V. filed a Motion to Dismiss for lack of jurisdiction due to improper service of process (F.R.C.P. 12(b)). No Hearing date has been assigned for the Motion, and the Motion remains undecided by the Court. On January 29, 2010, the Court Ordered mediation within 90 days of that Order (Docket No. 26.) On February 8, 2010, the Court had an Initial Case Management Conference and at that time, the Court invited David Fink, attorney for Plaintiff James B. Goodman, to resolve the issue of service of process raised by Defendant Numonyx B. V. in its Motion by effecting service on the Numonyx B.V. in Switzerland, the country of incorporation of the Dutch company. The Court then ordered the parties to return April 12, 2010 to report as to whether the service of process had been completed, and if Defendant Numonyx B.V. still wants to make its Motion to Dismiss. On February 11, 2010, the Court Staff issued a noticed that "Deadlines terminated". During a telephone conference on February 24, 2010 with Robin Siefkin, attorney from the office of ADR, the attorneys participating, Nicholas Clifford, attorney for Numonyx B.V. and David Fink, attorney for James B. Goodman, were advised by Ms. Siefkin that she thought that the order of February 11, 2010 did not apply to the deadline for the mediation (set in Docket No. 26). Thus, the parties are jointly requesting that the Court reset the deadline for mediation until 90 days after the issue of jurisdiction has been resolved by the Court.

CIVIL ACTION NO.: 09-CV-4243 MHP STIPULATED MOTION TO EXTEND THE DEADLINE FOR MEDIATION

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3/16/2010

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