ICE Consulting, Inc. et al v. Jensen

Filing 105

STIPULATION AND ORDER re 103 to Vacate Without Prejudice the Hearing on ICE's Motion to Dismiss and Case Management Conference. Motions terminated: 78 MOTION to Dismiss Defendant and Counter-Claimant Gavin Jensen's Second, Third, Fourth, and Fifth Counterclaims. Case Management Statement due by 2/23/2017. Further Case Management Conference set for 3/2/2017 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 1/30/17. (bpfS, COURT STAFF) (Filed on 1/30/2017)

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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 VACATE
WITHOUT PREJUDICE THE
HEARING ON ICE CONSULTING,
INC.’S MOTION TO DISMISS
AND CASE MANAGEMENT
CONFERENCE; [PROPOSED]
ORDER
Current Date of CMC and Hearing:
Feb. 2, 2017
Trial: Not Set

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

STIPULATION TO VACATE WITHOUT PREJUDICE THE HEARING ON ICE
CONSULTING, INC.’S MOTION TO DISMISS AND CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER
44844401.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 Vacate

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Without Prejudice the Hearing on ICE’s Motion to Dismiss and the Case

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Management Conference set for February 2, 2017.

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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 January 25, 2017, after continued negotiation and

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discussions, the Parties reached agreement on all the terms of a formal, written

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settlement agreement. Crane Dec., ¶ 3.

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WHEREAS, on January 25, 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 in light

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of the upcoming hearing on ICE’s Motion to Dismiss on February 2, 2017. Crane

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Dec., ¶ 4.

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WHEREAS, on January 25, 2017, counsel for Plaintiffs responded to the

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clerk of this Court that (1) the Parties had just finally come to terms on the

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language of their written settlement agreement and were in the process of

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exchanging signatures; and (2) the Parties intend to file a Joint Motion requesting

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the Court to retain jurisdiction to enforce the settlement agreement once signatures

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had been exchanged, followed by a Joint Request for Dismissal. Crane Dec., ¶ 4.

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WHEREAS, in response, on January 27, 2017, the clerk of this Court

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requested that the Parties submit a stipulation vacating the hearing date on ICE’s

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Motion to Dismiss without prejudice to being re-noticed if necessary, in order 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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Case No. 3:16-cv-04349-EMC

STIPULATION TO VACATE WITHOUT PREJUDICE THE HEARING ON ICE
CONSULTING, INC.’S MOTION TO DISMISS AND CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER
44844401.v1

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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 set for February 2, 2017, at 1:30 p.m. be vacated without prejudice to

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be re-noticed at a later date if necessary.

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IT IS SO STIPULATED.

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Date:

January 27, 2017

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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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Date:

January 27, 2017

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Attorneys for Defendant and CounterClaimant
Gavin Jensen

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DHILLON LAW GROUP INC
By: /s/ Nitoj P. Singh
Nitoj P. Singh

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NOSSAMAN LLP
VERONICA M. GRAY
ANDREW C. CRANE

Additional Counsel:
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]
Attorneys for Defendant Gavin Jensen

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

STIPULATION TO VACATE WITHOUT PREJUDICE THE HEARING ON ICE
CONSULTING, INC.’S MOTION TO DISMISS AND CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER
44844401.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 hearing on Plaintiff ICE Consulting, Inc.’s

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Motion to Dismiss, and the Case Management Conference, set February 2,

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2017 at 1:30 P.M. is VACATED without prejudice to being re-noticed at a

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later date if it becomes necessary.

A Further CMC is set for 3/2/2017 at 10:30 a.m.
An updated joint CMC statement shall be filed by

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2/23/17.

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S DISTRICT
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_________________________________
Hon. Edward M. ChenD
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United S SO ORD ED Judge
States District
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Case No. 3:16-cv-04349-EMC

STIPULATION TO VACATE WITHOUT PREJUDICE THE HEARING ON ICE
CONSULTING, INC.’S MOTION TO DISMISS AND CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER
44844401.v1