Reliance GlobalCom Services, Inc. v. Smart Business Advisory and Consulting, LLC et al

Filing 38

ORDER Initial Case Management Conference set for 3/15/13 is continued to 3/29/2013 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 3/5/13. (tfS, COURT STAFF) (Filed on 3/6/2013)

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JEFFREY D. POLSKY (State Bar No. 120975)
FOX ROTHSCHILD LLP
235 Pine Street, Suite 1500
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
Attorneys for Defendants
SMART BUSINESS ADVISORY AND
CONSULTING, LLC and SMART &
ASSOCIATES, LLP

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RELIANCE GLOBALCOM SERVICES,
INC.,
Plaintiff,

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v.
SMART BUSINESS ADVISORY AND
CONSULTING, LLC and SMART &
ASSOCIATES, LLP,

Case No. C 12-05950 SI
STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE
Scheduled Date: March 15, 2013
Requested Date: March 29, 2013

Defendants.

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Plaintiff Reliance GlobalCom Services, Inc. and defendants Smart Business Advisory and

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Consulting, LLC and Smart & Associates, LLP (the “Stipulating Parties”) hereby stipulate to and

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respectfully request that the Court continue the Case Management Conference in this action

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scheduled for March 15, 2013 to March 29, 2013. In furtherance of this Stipulation, the

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Stipulating Parties state as follows:

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1.

The Case Management Conference in this action was originally scheduled for

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March 1, 2013.

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2.

On January 28, 2013, the defendants filed a motion to dismiss this action for lack

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FOX ROTHSCHILD LLP
235 Pine Street
Suite 1500
San Francisco, CA 94104
Telephone: [phone]

of subject matter jurisdiction, or, alternatively, to dismiss or stay this action in light of the firstfiled related state action (the “Original Motion to Dismiss”). See Dkt. # 18. The hearing on the
STIPULATION TO CONTINUE CASE MANAGEMENT
CONFERENCE
ACTIVE 20121534v1

CASE NO. C 12-05950 SI

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Original Motion to Dismiss was originally scheduled for March 15, 2013.
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On February 6, 2013, the Stipulating Parties filed a stipulation to continue the

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Case Management Conference in this action from March 1, 2013 to March 15, 2013 to coincide

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with the originally scheduled hearing on the Original Motion to Dismiss to conserve time, effort,

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and the resources of the Court and the Stipulating Parties by avoiding two hearings and the need

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for counsel for the Stipulating Parties to appear before this Court on both March 1 and 15, 2013.

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See Dkt. # 23.

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4.

On February 8, 2013, the Court, pursuant to the Stipulating Parties’ February 6,

2013 stipulation, entered an Order continuing the Case Management Conference from March 1,

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2013 to March 15, 2013. See Dkt. # 25. The Case Management Conference is, therefore,

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currently scheduled for March 15, 2013.

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5.

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Dkt. # 26.

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6.

On February 11, 2013, the plaintiff filed an amended complaint in this action. See

On February 28, 2013, Smart & Associates, LLP filed a motion to dismiss the

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amended complaint for failure to join an indispensable party and for lack of subject matter

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jurisdiction, or, in the alternative to dismiss or stay this action in light of the first-filed related

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state action (the “Motion to Dismiss the Amended Complaint”). See Dkt. # 33.

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7.

On February 28, 2013, the Court consolidated for hearing on March 29, 2013 the

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Original Motion to Dismiss and the Motion to Dismiss the Amended Complaint, thereby

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continuing the March 15, 2013 hearing on the Original Motion to Dismiss. See Dkt. # 36.

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8.

The Stipulating Parties hereby stipulate to a continuance of the Case Management

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Conference currently scheduled for March 15, 2013 to March 29, 2013, the same date of the

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consolidated hearing on the Original Motion to Dismiss and the Motion to Dismiss the Amended

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Complaint.

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9.

The Stipulating Parties agree that continuing the Case Management Conference to

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Parties by avoiding two hearings and the need for counsel for the Stipulating Parties to appear

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FOX ROTHSCHILD LLP
235 Pine Street
Suite 1500
San Francisco, CA 94104
Telephone: [phone]

March 29, 2013 will conserve time, effort, and the resources of the Court and the Stipulating

before this Court on both March 15 and 29, 2013.
STIPULATION TO CONTINUE CASE MANAGEMENT
CONFERENCE
ACTIVE 20121534v1

CASE NO. C 12-05950 SI

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NOW THEREFORE, the Stipulating Parties respectfully request that the Court continue
the Case Management Conference in this action from March 15, 2013 to March 29, 2013.
Dated: March 1, 2013

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Respectfully submitted,

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FOX ROTHSCHILD LLP

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By: /s/Jeffrey D. Polsky
JEFFREY D. POLSKY

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Attorneys for Defendants
SMART BUSINESS ADVISORY AND
CONSULTING, LLC and SMART &
ASSOCIATES, LLP

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-and-

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ARMSTRONG TEASDALE, LLP

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By: /s/ Daniel Sakaguchi
DANIEL SAKAGUCHI

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Attorney for Plaintiff
RELIANCE GLOBALCOM SERVICES, INC.

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PURSUANT TO THIS STIPULATION, IT IS SO ORDERED
3/5/13
Dated: _________________

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______________________________
Hon. Susan Illston
United States District Judge

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FOX ROTHSCHILD LLP
235 Pine Street
Suite 1500
San Francisco, CA 94104
Telephone: [phone]

STIPULATION TO CONTINUE CASE MANAGEMENT
CONFERENCE
ACTIVE 20121534v1

CASE NO. C 12-05950 SI