Ouiby Inc. v. Idil Doguoglu-Posey, et al.,

Filing 77

STIPULATION AND ORDER re 73 MOTION for Settlement /to Enforce Settlement filed by Ouiby Inc. Motion Hearing reset for 5/17/2018 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Case Management Statement due by 5/10/2018. Further Case Management Conference reset for 5/17/2018 01:30 PM in San Francisco, Courtroom 05, 17th Floor. Signed by Judge Edward M. Chen on 4/10/18. (bpfS, COURT STAFF) (Filed on 4/10/2018)

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1 LEWIS BRISBOIS BISGAARD & SMITH LLP RENÉ I. GAMBOA, SB# 136166 2 E-Mail: Rene.Gamboa@lewisbrisbois.com 333 Bush Street, Suite 1100 3 San Francisco, California 94104-2872 Telephone: 415.362.2580 4 Facsimile: 415.434.0882 5 LEWIS BRISBOIS BISGAARD & SMITH LLP JEFFREY H. KASS, SB# 44305, Admission Pro Hac Vice 6 E-Mail: Jeffrey.Kass@lewisbrisbois.com ROBIN ALEXANDER, SB# 48345, Admission Pro Hac Vice 7 E-Mail: Robin.Alexander@lewisbrisbois.com 1700 Lincoln Street, Suite 4000 8 Denver, Colorado 80203 Telephone: 720.292.2026 9 Attorneys for Plaintiff, 10 OUIBY INC., d/b/a KICKFURTHER 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION 13 14 15 OUIBY INC., d/b/a KICKFURTHER, Plaintiff, 16 17 v. IDIL DOGUOGLU-POSEY, CARL POSEY 18 PHOTOGRAPHY, INC., CARL POSEY, 19 Case No. 3:17-CV-03847-EMC STIPULATION TO EXTEND THE DATE OF THE HEARING ON PLAINTIFF’S MOTION TO ENFORCE SETTLEMENT AND CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER Defendants. 20 Trial Date: None Set 21 22 In accordance with Local Rule 6-1(b), 6-2 and 7-12, plaintiff OUIBY INC., d/b/a 23 KICKFURTHER (“Kickfurther”) and defendants IDIL DOGUOGLU-POSEY, CARL POSEY 24 PHOTOGRAPHY, INC., CARL POSEY (“Defendants,” unless stated otherwise) (collectively, the 25 “Parties”), hereby stipulate (subject to the approval of the Court) to extend the dates with respect to 26 the upcoming Case Management Conference set for April 19, 2018, the hearing on Plaintiff’s Motion 27 To Enforce Settlement, and all other dates currently on the Court’s docket, so that the Parties can LEWIS BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 28 4836-6684-5025.2 3:17-cv-03847-EMC 1 STIPULATION TO EXTEND THE DATE OF THE HEARING ON PLAINTIFF’S MOTION TO ENFORCE SETTLEM,ENT AND CASE MANAGEMENT CONFERENCE AND [PROPOSED ORDER] 1 complete the process of completing the settlement of the case, including the execution of all relevant 2 settlement documents. 3 The Parties state and stipulate as follows: 4 1. WHEREAS, on January 22, 2018, the Parties participated in a Settlement Conference 5 before the Honorable Magistrate Judge Robert M. Illman; 6 2. WHEREAS, Kickfurther and Idil Doguoglu-Posey settled the case as to themselves; 7 3. WHEREAS, Kickfurther agreed to dismiss Carl Posey, individually; 8 4. WHEREAS, Kickfurther filed a Motion to Enforce Settlement that is set to be heard on 9 April 19, 2018; 10 5. WHEREAS, after the filing of the Motion to Enforce Settlement, Idil Doguoglu-Posey 11 agreed that the stipulated judgment that she and Kickfurther are entering into is to be 12 enforced in Boulder County, Colorado; 13 6. WHEREAS, Kickfurther’s position is that the Motion to Enforce Settlement should remain 14 in place until the Parties have completed the settlement process and executed the relevant 15 settlement documents; 16 7. WHEREAS, there is currently a Case Management Conference set for April 19, 2018; 17 8. WHEREAS, the Parties believe that, in the interest of saving judicial resources, the date of 18 the Case Management Conference should be continued thirty (30) days from April 19, 19 2018, to give the Parties time to complete the settlement process; 20 9. WHEREAS, the Parties believe that, in the interest of saving judicial resources, and for the 21 good cause shown in this stipulation, the hearing date on the Motion to Enforce Settlement 22 and the Case Management Conference should be continued for thirty (30) days from April 23 19, 2018 to May 18, 2018, so that the Parties can complete the settlement process; 24 25 BISGAARD & SMITH LLP ATTORNEYS AT LAW obviate the need for the hearing on the Motion to Enforce Settlement and the Case 27 BRISBOIS Case Management Conference to May 18, 2018 will save judicial resources and, and may 26 LEWIS 10. WHEREAS, continuing the hearing date on the Motion to Enforce Settlement and the Management Conference; 28 4836-6684-5025.2 3:17-cv-03847-EMC 2 STIPULATION TO EXTEND THE DATE OF THE HEARING ON PLAINTIFF’S MOTION TO ENFORCE SETTLEM,ENT AND CASE MANAGEMENT CONFERENCE AND [PROPOSED ORDER] 1 2 11. WHEREAS, the Parties believed that good cause exists to grant the instant stipulated request; and 3 12. WHEREAS, this continuance of the hearing on the Motion to Enforce Settlement and the 4 Case Management Conference is sought in good faith and not for any improper purpose. 5 Pursuant to Local Rules 6-1(b), 6-2 and 7-12, the Parties stipulate to continue the hearing 6 date on the Motion to Enforce Settlement and the 7 Conference currently set for April 19, 2018 to May 19, 2018, so that the Parties can have 8 sufficient time to complete the settlement process upcoming Case Management 9 Dated: April 9, 2018 /s/ Idil Doguoglu Posey 10 By: 11 Idil Doguoglu-Posey 12 13 Dated: April 9, 2018 By: 14 /s/ Carl Posey 15 Carl Posey 16 17 DATED: April 10, 2018 LEWIS BRISBOIS BISGAARD & SMITH LLP 18 19 By: 20 René I. Gamboa Attorneys for Plaintiff, OUIBY INC., d/b/a KICKFURTHER 21 22 23 24 25 26 27 LEWIS BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 28 4836-6684-5025.2 3:17-cv-03847-EMC 3 STIPULATION TO EXTEND THE DATE OF THE HEARING ON PLAINTIFF’S MOTION TO ENFORCE SETTLEM,ENT AND CASE MANAGEMENT CONFERENCE AND [PROPOSED ORDER] 1 ORDER 2 After consideration of the Parties stipulation set forth above: 3 IT IS HEREBY ORDERED THAT the hearing on Plaintiff’s Motion to Enforce Settlement 4 and Case Management Conference, both of which are currently set for April 19, 2018, shall be 17 5 continued to May 18, 2018. 8 DATED: April 102018 9 12 13 A H ER LI RT 11 FO NO 10 __________________________________ DERED SO OR M. Chen The Honorable Edward IED IT IS DIF AS MO UNITED STATES DISTRICT COURT JUDGE n M. Che Edward Judge R NIA 7 S DISTRICT TE C TA RT U O S IT IS SO ORDERED. UNIT ED 6 N F D IS T IC T O R C 14 15 16 17 18 19 20 21 22 23 24 25 26 27 LEWIS BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 28 4836-6684-5025.2 3:17-cv-03847-EMC 4 STIPULATION TO EXTEND THE DATE OF THE HEARING ON PLAINTIFF’S MOTION TO ENFORCE SETTLEM,ENT AND CASE MANAGEMENT CONFERENCE AND [PROPOSED ORDER] 1 CERTIFICATE OF SERVICE I hereby certify that on the date written above, I electronically filed the foregoing document with the Clerk of Court using the CM/ECF system. The Court or the CM/ECF system will send 3 notification of such filings to all CM/ECF participants on record. 2 I hereby also certify that on 04/10/18, I served the foregoing document on Carl Posey Photography, Inc. by United States mail. I enclosed the document in a sealed envelope addressed to 5 Carl Posey Photography, Inc. at 845 61st Street, Emeryville, California, 94608. I deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. 6 4 7 I declare under penalty of perjury that the foregoing is true and correct. 8 /s/Arlene Juarez Patino Arlene Juarez Patino 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 LEWIS 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4817-3772-2207.1 CERTIFICATE OF SERVICE

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