ICE Consulting, Inc. et al v. Jensen

Filing 102

STIPULATION AND ORDER. Motion Hearing as to 78 MOTION to Dismiss Defendant and Counter-Claimant Gavin Jensen's Second, Third, Fourth, and Fifth Counterclaims is set for 2/2/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco befo re Edward M. Chen. Case Management Statement due by 1/26/2017. Further Case Management Conference set for 2/2/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 1/6/17. (bpfS, COURT STAFF) (Filed on 1/6/2017)

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NOSSAMAN LLP
VERONICA M. GRAY (SBN 72572)
[e-mail]
ANDREW C. CRANE (SBN 285211)
[e-mail]
18101 Von Karman Avenue, Suite 1800
Irvine, CA 92612
Telephone: [phone]
Facsimile: 949.833.7878
S. ASHAR AHMED (SBN 256711)
[e-mail]
50 California Street, 34th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.398.2438
Attorneys for Plaintiffs and Counter-Defendants
ICE Consulting, Inc.; Uzair Sattar; and Derick Needham
[Additional Counsel on Signature Page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ICE CONSULTING, INC., UZAIR
SATTAR, and DERICK NEEDHAM
Plaintiffs and CounterDefendants,

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vs.
GAVIN JENSEN,

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Defendant and CounterClaimant.

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Case No: 3:16-cv-04349-EMC
STIPULATION TO CONTINUE
CASE MANAGEMENT
CONFERENCE AND HEARING
ON ICE CONSULTING, INC.’S
MOTION TO DISMISS AND
[PROPOSED] ORDER
Current Date of CMC: Jan. 12, 2017
Proposed New Date
Of CMC:
Feb. 2, 2017
Trial: Not Set

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Case No. 3:16-cv-04349-EMC

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND HEARING ON
ICE CONSULTING, INC.’S MOTION TO DISMISS AND [PROPOSED] ORDER
41081262.v1

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Pursuant to Local Rule 6-2, Plaintiffs and Counter-Defendants ICE

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Consulting, Inc. (“ICE”), Uzair Sattar, and Derick Needham (collectively,

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“Plaintiffs”), and Defendant and Counter-Claimant Gavin Jensen (“Defendant”)

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(Plaintiffs and Defendant are herein referred to collectively as the “Parties”), by

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and through their respective counsel, hereby enter into this Stipulation to Continue

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the Case Management Conference and Hearing on ICE’s Motion to Dismiss. This

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Stipulation is based on the contents of this stipulation and the Declaration of

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Andrew C. Crane (“Crane Dec.”), filed concurrently herewith.

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WHEREAS, on December 9, 2016, the Parties reached a settlement in
principle. Crane Dec., ¶ 2.

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WHEREAS, on December 12, 2016, the Parties submitted a Notice of

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Conditional Settlement and Request to Stay Proceedings (Dkt. No. 97), informing

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the Court of the settlement in principle and requesting time to prepare and execute

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the settlement documents. Crane Dec., ¶ 3.

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WHEREAS, the Court entered an Order staying all proceedings, and

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resetting the hearing date for ICE’s Motion to Dismiss Defendant’s Second, Third,

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Fourth, and Fifth Counterclaims (“Motion to Dismiss”) to January 12, 2017 at

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1:30 p.m. (Dkt. No. 99). Per this same order, the Court also reset the Case

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Management Conference from December 15, 2016, to January 12, 2017. Crane

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Dec., ¶ 3.

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WHEREAS, on January 4, 2017, counsel for the Parties received a request

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from the clerk of this Court regarding the status of the Parties’ settlement. Crane

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Dec., ¶ 4.

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WHEREAS, on January 5, 2017, counsel for Plaintiffs explained that

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(1) due to the intervening holiday season and respective holiday travel on the part

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of the Parties and their respective counsel, the settlement agreement has not yet

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been finalized, although the Parties anticipate finalizing the terms of the settlement

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Case No. 3:16-cv-04349-EMC

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND HEARING ON
ICE CONSULTING, INC.’S MOTION TO DISMISS AND [PROPOSED] ORDER
41081262.v1

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agreement within a matter of days; and (2) the Parties intend to file a Joint Motion

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requesting the Court to retain jurisdiction to enforce the settlement agreement no

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later than January 12, 2017, followed by a Joint Request for Dismissal. Crane

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Dec., ¶ 4.

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WHEREAS, in response, the clerk of this Court suggested the Parties

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submit a stipulation continuing the hearing date on ICE’s Motion to Dismiss to

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avoid the Court spending unnecessary time preparing for the Motion. Crane Dec.,

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¶ 5.

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WHEREAS, the three week extension sought by this Stipulation will not

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affect any other dates currently calendared, because as of the filing of this

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Stipulation, there are no dates currently calendared beyond the hearing and Case

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Management Conference. Moreover, as set forth above, the Parties have settled

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this matter in principle and will be submitting filings with the Court regarding the

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settlement within a matter of days. Crane Dec., ¶ 6.

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THEREFORE, THE PARTIES HEREBY STIPULATE:

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That the hearing on ICE’s Motion to Dismiss and the Case Management
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Conference shall be continued from January 12, 2017, to February 3, 2017, at 1:30

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p.m.

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IT IS SO STIPULATED.

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Date:

January 6, 2017

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NOSSAMAN LLP
VERONICA M. GRAY
ANDREW C. CRANE
By: /s/ Andrew C. Crane
Andrew C. Crane

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Attorneys for Plaintiffs and CounterDefendants
ICE Consulting, Inc.; Uzair Sattar;
and Derick Needham

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Case No. 3:16-cv-04349-EMC

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND HEARING ON
ICE CONSULTING, INC.’S MOTION TO DISMISS AND [PROPOSED] ORDER
41081262.v1

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Date:

January 6, 2017

DHILLON LAW GROUP INC

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By: /s/ Nitoj P. Singh
Nitoj P. Singh

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Attorneys for Defendant and CounterClaimant
Gavin Jensen

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Additional Counsel:

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HARMEET K. DHILLON (SBN: 207873)
[e-mail]
NITOJ P. SINGH (SBN: 265005)
[e-mail]
DHILLON LAW GROUP INC.
177 Post Street, Suite 700
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant Gavin Jensen

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Case No. 3:16-cv-04349-EMC

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND HEARING ON
ICE CONSULTING, INC.’S MOTION TO DISMISS AND [PROPOSED] ORDER
41081262.v1

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ORDER

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PURSUANT TO THE STIPULATION AND GOOD CAUSE APPEARING,

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IT IS SO ORDERED that the Motion to Dismiss and the Case Management
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Conference be continued to February 3, 2017 at 1:30 P.M. in Department 5.

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Hon. EdwardRE Chen
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Case No. 3:16-cv-04349-EMC

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND HEARING ON
ICE CONSULTING, INC.’S MOTION TO DISMISS AND [PROPOSED] ORDER
41081262.v1