Livingston v. Art.com, Inc. et al

Filing 40

ORDER granting 39 STIPULATION for Order Rescheduling Case Management Conference filed by Culturenik Publishing, Inc., Art.com, Inc.. Signed by Magistrate Judge Jacqueline Scott Corley on 2/24/2014. (ahm, COURT STAFF) (Filed on 2/24/2014)

1
2
3
4
5
6
7

Simon J. Frankel (State Bar No. 171552)
[e-mail]
Matthew D. Kellogg (State Bar No. 280541)
[e-mail]
COVINGTON & BURLING LLP
One Front Street
San Francisco, CA 94111-5356
Tel.: [phone]
Fax: [phone]
Attorneys for Defendants
ART.COM, INC. and
CULTURENIK PUBLISHING, INC.

8
9

UNITED STATES DISTRICT COURT

10

FOR THE NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12
13
PETE LIVINGSTON,
14

Case No.: 3:13-cv-03748-JSC

Plaintiff,
15
v.
16
17

ART.COM, INC., CULTURENIK
PUBLISHING, INC., and CLASSICO SAN
FRANCISCO, INC.,

STIPULATED REQUEST FOR
ORDER RESCHEDULING CASE
MANAGEMENT CONFERENCE
PURSUANT TO CIVIL L.R. 6-2

18
Defendants.
19
20
21
22
23
24
25
26
27
28
STIPULATED REQUEST FOR ORDER RESCHEDULING
CASE MANAGEMENT CONFERENCE PURSUANT TO
CIVIL L.R. 6-2

Case No.: 3:13-cv-03748-JSC

1

Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Pete Livingston, on the one

2

hand, and Defendants Art.com, Inc. and Culturenik Publishing, Inc. (collectively,

3

“Defendants”), on the other, stipulate as follows:

4

WHEREAS, on November 22, 2013, the Court issued an Order referring the

5

parties for an Early Neutral Evaluation (“ENE”) to occur within the next 90 days and scheduling

6

the next Case Management Conference (“CMC”) for March 6, 2014 (Dkt. No. 33);

7
8
9

WHEREAS, because of scheduling difficulties related to the holiday season, an
ENE Evaluator was not appointed in this case until January 14, 2014 (Dkt. No. 36);
WHEREAS, on January 27, 2014, the appointed Evaluator withdrew from the

10

case because of a newly discovered conflict, and the ADR Clerk appointed a new Evaluator on

11

January 30, 2014 (Dkt. Nos. 37, 38);

12

WHEREAS, based on the parties’ availability, the ENE Hearing has been

13

scheduled for March 4, 2014, which is two days before the currently scheduled CMC on

14

March 6, 2014 and five days after the parties would be required to file a Joint Case Management

15

Statement pursuant to Civil L.R. 16-10(d);

16

NOW, THEREFORE, Plaintiff and Defendants jointly request that the Court

17

enter an order moving the date of the next CMC to March 20, 2014. This change will not alter

18

the date of any other event or deadline already fixed by Court order. Attached to this stipulation

19

is the supporting declaration of Simon J. Frankel, as required by Civil L.R. 6-2(a).

20

IT IS SO STIPULATED.

21
22

[Signatures on following page.]

23
24
25
26
27
28
STIPULATED REQUEST FOR ORDER RESCHEDULING
CASE MANAGEMENT CONFERENCE PURSUANT TO
CIVIL L.R. 6-2

2

Case No.: 3:13-cv-03748-JSC

1

DATED: February 14, 2014

COVINGTON & BURLING LLP

2
3
By: /s/ Simon J. Frankel
Simon J. Frankel

4
5

Attorneys for Defendants
ART.COM, INC. and
CULTURENIK PUBLISHING, INC.

6
7
8

DATED: February 14, 2014

LAW OFFICES OF TESFAYE W. TSADIK

9
10
By: /s/ Tesfaye W. Tsadik
Tesfaye W. Tsadik

11
12

Attorney for Plaintiff
PETE LIVINGSTON

13
14
15
16
17
18

PURSUANT TO STIPULATION, IT IS SO ORDERED.

19
20

Feb. 24
DATED: __________, 2014

___________________________________
Hon. Jacqueline Scott Corley
United States Magistrate Judge

21
22
23
24
25
26
27
28
STIPULATED REQUEST FOR ORDER RESCHEDULING
CASE MANAGEMENT CONFERENCE PURSUANT TO
CIVIL L.R. 6-2

3

Case No.: 3:13-cv-03748-JSC

1
2

ECF CERTIFICATION
I, Simon J. Frankel, am the ECF User whose identification and password are

3

being used to file this Stipulated Request for Order Rescheduling Case Management Conference

4

Pursuant to Civil L.R. 6-2. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that

5

Plaintiff’s counsel Tesfaye W. Tsadik has concurred in this filing.

6
7
8

DATED: February 14, 2014

COVINGTON & BURLING LLP

9
By: /s/ Simon J. Frankel
Simon J. Frankel

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATED REQUEST FOR ORDER RESCHEDULING
CASE MANAGEMENT CONFERENCE PURSUANT TO
CIVIL L.R. 6-2

4

Case No.: 3:13-cv-03748-JSC

1
2
3
4
5
6
7

Simon J. Frankel (State Bar No. 171552)
[e-mail]
Matthew D. Kellogg (State Bar No. 280541)
[e-mail]
COVINGTON & BURLING LLP
One Front Street
San Francisco, CA 94111-5356
Tel.: [phone]
Fax: [phone]
Attorneys for Defendants
ART.COM, INC. and
CULTURENIK PUBLISHING, INC.

8
9

UNITED STATES DISTRICT COURT

10

FOR THE NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12
13
PETE LIVINGSTON,
14

Case No.: 3:13-cv-03748-JSC

Plaintiff,
15
v.
16
17

ART.COM, INC., CULTURENIK
PUBLISHING, INC., and CLASSICO SAN
FRANCISCO, INC.,

DECLARATION OF SIMON J.
FRANKEL IN SUPPORT OF
STIPULATED REQUEST FOR
ORDER RESCHEDULING CASE
MANAGEMENT CONFERENCE
PURSUANT TO CIVIL L.R. 6-2

18
Defendants.
19
20
21
22
23
24
25
26
27
28
DECLARATION OF SIMON J. FRANKEL IN SUPPORT OF
STIPULATED REQUEST FOR ORDER RESCHEDULING
CASE MANAGEMENT CONFERENCE PURSUANT TO
CIVIL L.R. 6-2

Case No.: 3:13-cv-03748-JSC

1
2

DECLARATION OF SIMON J. FRANKEL
1.

I am an attorney in the law firm of Covington & Burling LLP, counsel for

3

defendants Art.com, Inc. and Culturenik Publishing, Inc. The matters set forth herein are true

4

and correct and of my own personal knowledge, and, if called as a witness, I could and would

5

testify competently thereto.

6

2.

On November 22, 2013, the Court issued an Order referring the parties

7

for an Early Neutral Evaluation (“ENE”) to occur within the next 90 days and scheduling the

8

next Case Management Conference (“CMC”) for March 6, 2014. (Dkt. No. 33.)

9
10
11

3.

Because of scheduling difficulties related to the holiday season, an ENE

Evaluator was not appointed in this case until January 14, 2014. (Dkt. No. 36.)
4.

On January 27, 2014, the appointed Evaluator withdrew from this case

12

because of a newly discovered conflict, and the ADR Clerk appointed a new Evaluator on

13

January 30, 2014. (Dkt. Nos. 37, 38.)

14

5.

Based on the parties’ availability, the ENE Hearing has been scheduled

15

for March 4, 2014, which is two days before the currently scheduled CMC on March 6, 2014

16

and five days after the parties would be required to file a Joint Case Management Statement

17

pursuant to Civil L.R. 16-10(d).

18

6.

19
20
21
22

Rescheduling the date of the next CMC to March 6, 2014 will not alter

the date of any other event or deadline already fixed by Court order.
I declare under penalty of perjury under the laws of the United States and the
State of California that the foregoing is true and correct.
Executed in San Francisco, California on February 14, 2014.

23
24

/s/ Simon J. Frankel
Simon J. Frankel

25
26
27
28
DECLARATION OF SIMON J. FRANKEL IN SUPPORT OF
STIPULATED REQUEST FOR ORDER RESCHEDULING
CASE MANAGEMENT CONFERENCE PURSUANT TO
CIVIL L.R. 6-2

2

Case No.: 3:13-cv-03748-JSC