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)

1 LEWIS BRISBOIS BISGAARD & SMITH LLP
RENÉ I. GAMBOA, SB# 136166
2
E-Mail: [e-mail]
333 Bush Street, Suite 1100
3 San Francisco, California 94104-2872
Telephone: [phone]
4 Facsimile: 415.434.0882
5 LEWIS BRISBOIS BISGAARD & SMITH LLP
JEFFREY H. KASS, SB# 44305, Admission Pro Hac Vice
6
E-Mail: [e-mail]
ROBIN ALEXANDER, SB# 48345, Admission Pro Hac Vice
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E-Mail: [e-mail]
1700 Lincoln Street, Suite 4000
8 Denver, Colorado 80203
Telephone: [phone]
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Attorneys for Plaintiff,
10 OUIBY INC., d/b/a KICKFURTHER
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

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OUIBY INC., d/b/a KICKFURTHER,
Plaintiff,

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v.

IDIL DOGUOGLU-POSEY, CARL POSEY
18 PHOTOGRAPHY, INC., CARL POSEY,
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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.

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Trial Date:

None Set

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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

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4836-6684-5025.2

3:17-cv-03847-EMC
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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.
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The Parties state and stipulate as follows:

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1. WHEREAS, on January 22, 2018, the Parties participated in a Settlement Conference

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before the Honorable Magistrate Judge Robert M. Illman;

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2. WHEREAS, Kickfurther and Idil Doguoglu-Posey settled the case as to themselves;

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3. WHEREAS, Kickfurther agreed to dismiss Carl Posey, individually;

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4. WHEREAS, Kickfurther filed a Motion to Enforce Settlement that is set to be heard on

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April 19, 2018;

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5. WHEREAS, after the filing of the Motion to Enforce Settlement, Idil Doguoglu-Posey

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agreed that the stipulated judgment that she and Kickfurther are entering into is to be

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enforced in Boulder County, Colorado;

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6. WHEREAS, Kickfurther’s position is that the Motion to Enforce Settlement should remain

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in place until the Parties have completed the settlement process and executed the relevant

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settlement documents;

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7. WHEREAS, there is currently a Case Management Conference set for April 19, 2018;

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8. WHEREAS, the Parties believe that, in the interest of saving judicial resources, the date of

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the Case Management Conference should be continued thirty (30) days from April 19,

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2018, to give the Parties time to complete the settlement process;

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9. WHEREAS, the Parties believe that, in the interest of saving judicial resources, and for the

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good cause shown in this stipulation, the hearing date on the Motion to Enforce Settlement

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and the Case Management Conference should be continued for thirty (30) days from April

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19, 2018 to May 18, 2018, so that the Parties can complete the settlement process;

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BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

obviate the need for the hearing on the Motion to Enforce Settlement and the Case

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BRISBOIS

Case Management Conference to May 18, 2018 will save judicial resources and, and may

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LEWIS

10. WHEREAS, continuing the hearing date on the Motion to Enforce Settlement and the

Management Conference;

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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
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11. WHEREAS, the Parties believed that good cause exists to grant the instant stipulated
request; and

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12. WHEREAS, this continuance of the hearing on the Motion to Enforce Settlement and the

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Case Management Conference is sought in good faith and not for any improper purpose.

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Pursuant to Local Rules 6-1(b), 6-2 and 7-12, the Parties stipulate to continue the hearing

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date on the Motion to Enforce Settlement and the

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Conference currently set for April 19, 2018 to May 19, 2018, so that the Parties can have

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sufficient time to complete the settlement process

upcoming Case Management

9 Dated: April 9, 2018
/s/ Idil Doguoglu Posey

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By:
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Idil Doguoglu-Posey

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13 Dated: April 9, 2018
By:
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/s/ Carl Posey

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Carl Posey

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17 DATED: April 10, 2018

LEWIS BRISBOIS BISGAARD & SMITH

LLP

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By:
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René I. Gamboa
Attorneys for Plaintiff,
OUIBY INC., d/b/a KICKFURTHER

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BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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4836-6684-5025.2

3:17-cv-03847-EMC
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STIPULATION TO EXTEND THE DATE OF THE HEARING ON PLAINTIFF’S MOTION TO ENFORCE
SETTLEM,ENT AND CASE MANAGEMENT CONFERENCE AND [PROPOSED ORDER]

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ORDER

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After consideration of the Parties stipulation set forth above:

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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
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5 continued to May 18, 2018.

8 DATED: April 102018
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__________________________________
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

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S DISTRICT
TE
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TA

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U
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IT IS SO ORDERED.

UNIT
ED

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D IS T IC T O
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STIPULATION TO EXTEND THE DATE OF THE HEARING ON PLAINTIFF’S MOTION TO ENFORCE
SETTLEM,ENT AND CASE MANAGEMENT CONFERENCE AND [PROPOSED ORDER]

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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.
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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.
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I declare under penalty of perjury that the foregoing is true and correct.

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/s/Arlene Juarez Patino
Arlene Juarez Patino

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4817-3772-2207.1

CERTIFICATE OF SERVICE