OEM-Tech, Co. v. Video Gaming Technologies Inc

Filing 55

STIPULATION AND ORDER MODIFYING SCHEDULING ORDER. Further Case Management Conference set for 1/12/2012 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 10/24/11. (cl, COURT STAFF) (Filed on 10/24/2011)

*E-Filed 10/24/11*
1
2
3
4

MENNEMEIER, GLASSMAN & STROUD LLP
ANDREW W. STROUD (SBN 126475)
LANDON D. BAILEY (SBN 240236)
980 9th Street, Suite 1700
Sacramento, CA 95814
Telephone:
[phone]
Facsimile:
[phone]
E-mail:
[e-mail]

5
6
7

Attorneys for Defendant
Video Gaming Technologies, Inc.

8

CHARLES R. ESTES
650 Murray Hill Rd.
Hill, N.H. 03243

9

In pro per

10

UNITED STATES DISTRICT COURT

11

FOR THE NORTHERN DISTRICT OF CALIFORNIA

12
13
14
15
16
17
18

OEM-TECH, CO., a California sole
proprietorship owned and operated by
Charles Estes,

)
)
)
)
Plaintiff,
)
)
v.
)
)
VIDEO GAMING TECHNOLOGIES, INC., )
a Corporation doing business in California )
as VGT, INC., and DOES 1-50, inclusive )
)
Defendant.
)
____________________________________)

Case No. 3:10-cv-04368-RS
STIPULATION AND [PROPOSED]
ORDER MODIFYING SCHEDULING
ORDER
Judge:
Honorable Richard Seeborg
Location: Courtroom 3, 17th Floor
Complaint Filed:

July 16, 2010

Date of Removal:

September 28, 2010

19
20
RECITALS
21
1.

On June 30, 2011, this Court issued a Case Management Scheduling Order in the

22
above-captioned matter.
23
2.

The June 30, 2011 Case Managements Scheduling Order (a) set November 30,

24
2011 as the deadline to complete all non-expert discovery; (b) set this matter for a further Case
25
Management Conference on December 15, 2011; and (c) referred this matter to Early Neutral
26
Evaluation, to be completed within ninety (90) days of the Order.
27
/ / /
28
1
STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING ORDER
CASE NO. 3:10-cv-04368-RS

494.04.PLE.stip.order.mod.scheduling.order.wpd

1

3.

The parties participated in an Early Neutral Evaluation session on September 23,

2

2011. At the conclusion of the Early Neutral Evaluation session, the parties entered into a

3

stipulation whereby they agreed to continue certain discovery deadlines to enable the parties to

4

attempt to reach an informal resolution to the matter. In this stipulation, the parties also agreed

5

that, should the parties’ negotiations not be successful after three weeks, the parties would

6

mutually seek from this Court and stipulate to an extension of court-established dates.

7

4.

Unfortunately, the parties have not been able to reach an agreement with regard to

8

an informal resolution of this matter to date. Accordingly, pursuant to their stipulation following

9

the Early Neutral Evaluation, the parties now mutually agree and stipulate to a four (4) week

10

continuance of the non-expert discovery deadline and the Case Management Conference

11

established by this Court in its June 30, 2011 Scheduling Order.

12

STIPULATION

13
14
15

In light of the above-recited facts, the parties hereby stipulate to modify the June
30, 2011 Case Management Scheduling Order as follows:
1.

The deadline for completion of non-expert discovery in this matter, as established

16

in Paragraph 2 of the June 30, 2011 Scheduling Order, shall be continued four (4) weeks such

17

that the applicable deadline shall now be December 28, 2011.

18
19

2.

The Further Case Management Conference in this matter shall be continued four

(4) weeks such that it will now be held on January 12, 2012.

20
21
Dated: October 24, 2011

MENNEMEIER, GLASSMAN & STROUD LLP
ANDREW W. STROUD
LANDON D. BAILEY

22
23
24
By:
25
26

/s/ Landon D. Bailey
Landon D. Bailey
Attorneys for Defendant
Video Gaming Technologies, Inc.

27
28
2
STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING ORDER
CASE NO. 3:10-cv-04368-RS

494.04.PLE.stip.order.mod.scheduling.order.wpd

1 Dated: October 24, 2011

OEM-TECH, CO.

2
3

By:

4

/s/ Charles Estes
Charles Estes
In Pro Per
Sole Proprietor of OEM-TECH, CO.

5
6
7

PURSUANT TO STIPULATION, IT IS SO ORDERED.
10/24/11
Dated: _______________

By:

8

_______________________________________
Honorable Richard Seeborg
United States District Court, Northern District of California

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING ORDER
CASE NO. 3:10-cv-04368-RS

494.04.PLE.stip.order.mod.scheduling.order.wpd