4EC Holdings, LLC v. Linebarger Goggan Blair & Sampson, LLP

Filing 43

Order by Hon. Vince Chhabria granting 42 Stipulation to Extend Filing Date of Reply Brief and to Continue Hearing.(knm, COURT STAFF) (Filed on 9/25/2014)

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Michael L. Charlson (SBN 122125)
[e-mail]
Jessica Mussallem (SBN 237806)
[e-mail]
Elliott J. Joh (SBN 264927)
[e-mail]
VINSON & ELKINS LLP
525 Market Street, Suite 2750
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415.704.3264
Attorneys for Defendant
LINEBARGER GOGGAN BLAIR & SAMPSON LLP,
a Texas limited liability partnership

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO
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4EC HOLDINGS, LLC, a Delaware limited liability
company,
Plaintiff,
vs.
LINEBARGER GOGGAN BLAIR & SAMPSON
LLP, a Texas limited liability partnership,
Defendant.

Case No. 3:14-cv-01944 VC
STIPULATION AND
[PROPOSED] ORDER TO
EXTEND FILING DATE OF
REPLY BRIEF AND TO
CONTINUE HEARING
AS MODIFIED

Honorable Vince Chhabria

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STIPULATION AND [PROPOSED] ORDER TO EXTEND FILING DATE AND CONTINUE HEARING

CASE NO. 3:14-CV-01944 VC

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The parties, by and through their respective counsel of record and subject to the Court’s
approval, state and stipulate as follows:

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BACKGROUND

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WHEREAS, Plaintiff 4EC Holdings, LLC (“4EC”) commenced this putative class action

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with its filing of its Complaint for Unfair Competition in the Superior Court of the State of

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California in and for the City and County of San Francisco on May 28, 2013, naming Linebarger

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Goggan Blair & Sampson LLP (“Linebarger”) as defendant and asserting claims under

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provisions of the California Unfair Competition Law;

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WHEREAS, Linebarger removed the case to this Court on April 28, 2014;
WHEREAS, on May 23, 2014, the parties stipulated that this matter reached a stage at
which it would be appropriate for the parties to explore a possible settlement;

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WHEREAS, the parties also stipulated that any settlement discussions would be

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facilitated by a standstill of the litigation for a limited period of time, including without

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limitation postponement of briefing and hearing on several pending motions and the proceedings

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surrounding an initial case management conference – all without prejudice to any claims,

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defenses, arguments or positions the respective parties may have;

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WHEREAS, on May 28, 2014, the Court ordered a short stay of the litigation and that

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4EC shall file its reply brief in support of its Motion to Remand (Dkt No. 14) on or before

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September 25, 2014. The Court also scheduled a hearing on the Motion to Remand on October

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16, 2014 at 1:30 p.m.

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WHEREAS, on July 31, 2014, the parties attended a mediation session presided over by

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Ret. Judge Vaughn R. Walker. The parties participated in good faith but were unable to reach a

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resolution during this mediation session.

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WHEREAS, the parties have continued to negotiate a possible settlement with the

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assistance of Judge Walker, and have made substantial progress toward resolving the matter.

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The parties believe that a 30-day postponement of the briefing and hearing on 4EC’s Motion to

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Remand would permit them the opportunity to continue negotiations toward a settlement in the

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case and potentially resolve the case.
STIPULATION AND [PROPOSED] ORDER TO EXTEND FILING DATE AND CONTINUE HEARING

CASE NO. 3:14-CV-01944 VC

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STIPULATION
NOW, THEREFORE, subject to the Court’s approval, the parties agree and stipulate as

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follows:
1.

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The hearing on 4EC’s Motion to Remand is now scheduled for November 20,

2014.

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4EC’s reply brief in support of its Motion to Remand is now due on October 27,

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2014 at 10:00 a.m (or such other date and time thereafter as may convenience the Court).

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3.

This Stipulation is entered into for the purpose of facilitating a possible settlement

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of this action. Discussions in and surrounding the mediation, including without limitation all

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statements made in connection with mediation-related submissions to the neutral shall be strictly

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confidential and shall be subject to Fed. R. Evid. 408 or other applicable rules or statutes

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intended to maintain the confidentiality of settlement-related communications.

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expressly provided in this Stipulation, the agreements reflected in this Stipulation are without

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prejudice to any claims, defenses, arguments or positions the respective parties may have in this

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action.

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4.

Except as

Nothing contained or contemplated herein shall constitute affirmative conduct on

the part of 4EC that would waive its right to seek remand of this action.

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IT IS SO STIPULATED.
Dated: September 23, 2014

Respectfully submitted,
VINSON & ELKINS LLP

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By:___/s/ Michael L. Charlson__
Michael L. Charlson
Attorneys for Defendant
Linebarger Goggan Blair
& Sampson LLP

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McGRANE LLP

STIPULATION AND [PROPOSED] ORDER TO EXTEND FILING DATE AND CONTINUE HEARING

CASE NO. 3:14-CV-01944 VC

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By:______/s/ William McGrane____
William McGrane
Attorneys for Plaintiff
4EC Holdings, LLC

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STIPULATION AND [PROPOSED] ORDER TO EXTEND FILING DATE AND CONTINUE HEARING

CASE NO. 3:14-CV-01944 VC

[PROPOSED] ORDER

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Pursuant to Stipulation of the parties and upon good cause showing, the Court HEREBY
ORDERS that:
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The hearing on 4EC’s Motion to Remand is now scheduled for November 20,

2014.

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4EC’s reply brief in support of its Motion to Remand is now due on October 27,

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AS MODIFIED

2014 at 10:00 a.m (or such other date and time thereafter as may convenience the Court).

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3.

The Court recognizes that the parties have entered into the accompanying

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Stipulation for the purpose of facilitating a possible settlement of this action. Discussions in and

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surrounding the mediation, including without limitation all statements made in connection with

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mediation-related submissions to the neutral shall be strictly confidential and shall be subject to

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Fed. R. Evid. 408 or other applicable rules or statutes intended to maintain the confidentiality of

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settlement-related communications.

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accompanying Stipulation, the parties’ agreements reflected in the Stipulation are without

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prejudice to any claims, defenses, arguments or positions the respective parties may have in this

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action.

5. The Court does not anticipate granting any further continuances of the hearing on the motion to remand.

IT IS SO ORDERED.

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DIF

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Chhabr

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__________________________
Honorable VinceDERED
R Chhabria
United States District D
IS SO O IE Judge
IT

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September 24, 2014
DATED: ________________________

UNIT
ED

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S DISTRICT
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Except as expressly provided in this Order or the

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F
D IS T IC T O
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STIPULATION AND [PROPOSED] ORDER TO EXTEND FILING DATE AND CONTINUE HEARING

CASE NO. 3:14-CV-01944 VC