Glassey et al v. Symmetricom, Inc.

Filing 21

ORDER GRANTING STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND ADR DEADLINES 18 . Initial Case Management Conference set for 3/12/2014 03:00 PM in Courtroom A, 15th Floor, San Francisco. Joint case management statement due 3/5/2014. Signed by Judge Nathanael Cousins on 12/26/13. (lmh, COURT STAFF) (Filed on 12/26/2013)

1 LEE TRAN LIANG & WANG LLP

Enoch H. Liang (SBN 212324)

2 [e-mail]

Heather F. Auyang (SBN 191776)

3 [e-mail]

Lisa J. Chin (SBN 259793)

4 [e-mail]

601 South Gateway Blvd., Suite 1010

5 South San Francisco, CA 94080

Telephone: [phone]

6 Facsimile: [phone]

7 Attorneys for Defendant Symmetricom, Inc.
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UNITED STATES DISTRICT COURT

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FOR NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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GLASSEY ET AL,

Case No. 3:13-cv-04662 (NC)

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Plaintiff(s),
v.

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18 SYMMETRICOM, INC.,
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Defendant(S).

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
ADR DEADLINES PURSUANT TO L.R.
6-1(b)
Judge:
Date:
Time:
Dept:

The Honorable Nathanael Cousins
February 12, 2014
10:00 AM
Courtroom A, 15th Floor

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WHEREAS, on October 7, 3013, Todd S. Glassey and Michael F. McNeil
(“Plaintiffs”) filed the above-captioned complaint in this Court (“Complaint”);
WHEREAS, on October 8, 2013, the Court issued an Order Setting Initial

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Case Management and ADR Deadlines setting the initial case management

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conference for January 8, 2014 at 10:00 AM (Dkt. No. 5);

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT
CONFERENCE
Case No. 3:13-cv-04662 (NC)

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WHEREAS, on October 31, 2013, Defendant Symmetricom, Inc.

2 (“Symmetricom”) and Plaintiffs (together, “the Parties”) agreed that Symmetricom’s
3 answer or motion under Rule 12 must be filed by December 30, 2013;
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WHEREAS, Symmetricom agreed to file a motion to dismiss all claims

5 against it on or before December 30, 2013;
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WHEREAS, on December 13, 2013, the Parties filed a Stipulation and

7 Proposed Order to postpone the January 8, 2014 initial case management conference
8 and a continuance of the ADR Deadlines (Dkt. No. 15) in view of Symmetricom’s
9 forthcoming motion to dismiss;
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WHEREAS, on December 16, 2013, the Court entered an Order modifying

11 the date of the initial case management conference to February 12, 2014 at 10:00
12 AM and granted a continuance of the ADR Deadlines (Dkt. No. 16);
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WHEREAS, on or around December 20, 2013, Symmetricom retained new

14 counsel from the firm of Lee Tran Liang & Wang LLP (Notices of Appearances
15 filed concurrently with this Stipulation and Proposed Order);
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WHEREAS, Symmetricom’s new counsel requires an extension of time in

17 order to review the case file;
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WHEREAS, the Parties agree to a 30-day extension for Symmetricom to file

19 a responsive pleading to the Complaint on or before January 29, 2014;
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WHEREAS, the interests of judicial economy and efficiency would best be

21 served by postponing the initial case management conference and ADR Deadlines
22 until after the Court rules upon Symmetricom’s forthcoming responsive pleading;
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IT IS THEREFORE STIPULATED AND AGREED, by and among the

25 Parties and their respective counsel of record, that:
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1.

Symetricom shall file its responsive pleading to the Complaint
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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT
CONFERENCE
Case No. 3:13-cv-04662 (NC)

on or before January 29, 2014;

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2.

The initial case management conference in this matter currently

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scheduled for February 12, 2014 at 10:00 AM shall be continued

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until a date set by the Court;

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3.

All other deadlines set forth in the Court’ Order Setting Initial

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Case Management Conference and ADR Deadlines be continued

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accordingly.

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10 Dated: December 24, 2013

LEE TRAN LIANG & WANG LLP

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By: /s/ Enoch H. Liang
Enoch H. Liang, Bar No. 212324
Heather F. Auyang, Bar, No. 191776
Lisa J. Chin, Bar No. 259793
601 South Gateway Blvd., Suite 1010
South San Francisco, CA 94080
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
SYMMETRICOM, INC.

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20 Dated: December 24, 2013
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ROSS BABBITT CO LPA
By: /s/ Ross Babbitt
Ross Babbitt (pro hac vice)
700 West St. Clair Avenue
Hoyt Block, Suite 200
Cleveland, OH 44113
Telephone: [phone]
Facsimile: [phone]

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MAHANY & ERTL
Brian Howard Mahany (pro hac vice)
P.O. Box 511328

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT
CONFERENCE
Case No. 3:13-cv-04662 (NC)

Milwaukee, WI 53202

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STEBURG LAW FIRM
Anita L. Steburg, Bar No. 245933
1798 Technology Drive, Suite 258
San Jose, CA 95110

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Attorneys for Plaintiffs TODD S.
GLASSEY and MICHAEL E. MCNEIL

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED. Case Management
Conference is continued to March 12, 2014 at 3:00 p.m. Joint case management statement due March 5.

11 Dated: ______________________, 2013 _________________________________
December 26
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The Honorable Nathanael Cousins
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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT
CONFERENCE
Case No. 3:13-cv-04662 (NC)