Pro-Shore, LLC v. Dayton Superior Corporation

Filing 50

STIPULATION AND ORDER re 49 to Extend Deadlines and Initial CMC filed by Pro-Shore, LLC. Case Management Statement due by 4/26/2018. Initial Case Management Conference set for 5/3/2018 09:30 AM in San Francisco, Courtroom 05, 17th Floor. Signed by Judge Edward M. Chen on 3/5/18. (bpf, COURT STAFF) (Filed on 3/5/2018)

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Todd A. Noah (State Bar No. 152328)
Barbara L. Friedman (State Bar No. 208735)
DERGOSITS & NOAH LLP
One Embarcadero Center, Suite 350
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff
PRO-SHORE, LLC
Michelle Akerman (State Bar No. 265022)
Emily M. Charley (State Bar No. 238542)
HANSON BRIDGETT, LLP
425 Market Street, 26th Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiffs
PRO-SHORE, LLC, BUILD GROUP, INC.
and PACIFIC STRUCTURES, INC.

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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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PRO-SHORE, LLC; BUILD GROUP, INC.;
and PACIFIC STRUCTURES, INC.,
Plaintiffs,

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v.

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DAYTON SUPERIOR CORPORATION,
Defendant.

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Case No.: 17-cv-05295 (EMC)

STIPULATION AND ORDER TO
EXTEND DEADLINES INCLUDING THE
MARCH 29, 2018 INITIAL CASSE
MANAGEMENT CONFERENCE

-1STIPULATION AND ORDER TO EXTEND DATES AND CMC

Case No.: 17-cv-05295 (EMC)

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Plaintiffs Pro-Shore, LLC, Build Group, Inc. and Pacific Structures, Inc. and Defendant

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Dayton Superior Corporation and (collectively, the “Parties”) hereby stipulate to continue all

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upcoming deadlines currently set in this case for 30 days. These deadlines include: 1) the date for

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plaintiff Pro-Shore, LLC to file a second amended complaint; 2) the date for the parties’ Joint Case

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Management Statement; and 3) the March 29, 2018 Initial Case Management Conference.

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The reason for the continuance is that on February 22, 2018, the parties conducted an in-

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person settlement conference with the principals of each of the parties in attendance. During the

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conference, the parties expressed a desire to resolve the outstanding disputes between them and

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continue their business relationships with each other. To that end, the parties agreed to schedule

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additional meetings to discuss specific topics in an effort to possibly reach a resolution. The parties

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are optimistic that they will be able to resolve their disputes without further Court intervention and

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the additional time will enable the parties to meet this goal. In the event the parties do not finalize a

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settlement within 30 days from the date of the order, the parties will jointly notify the Court on the

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30th day that they either need more time to complete the agreement or that no settlement agreement

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has been reached.

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Pursuant to the Court’s CMC Order, the parties, through their respective counsel, stipulate

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that the all upcoming deadlines be continued for 30 days and that the March 29, 2018 Initial Case

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Management Conference be continued to May 3, 2018 at 9:30 a.m., or the next available date on the

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Court’s calendar.

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IT IS SO STIPULATED.

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Dated: February 26, 2018

By: /s/ Todd A. Noah
Todd A. Noah (SBN 152328)
[e-mail]
DERGOSITS & NOAH LLP
One Embarcadero Center, Suite 350
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
PRO-SHORE, LLC
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STIPULATION AND ORDER TO EXTEND DATES AND CMC

Case No.: 17-cv-05295 (EMC)

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Emily M. Charley (State Bar No. 238542)
[e-mail]
HANSON BRIDGETT, LLP
425 Market Street, 26th Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs
PRO-SHORE, LLC, BUILD GROUP,
INC. AND PACIFIC STRUCTURES,
INC.

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Dated: February 26, 2018

By: /s/ Sheryl Koval Garko
Lisa Greenwald-Swire (SBN 213269)
[e-mail]
Katherine D. Prescott (SBN 215496)
[e-mail]
FISH & RICHARDSON P.C.
500 Arguello Street, Suite 500
Redwood City, California 94063
Telephone: [phone]
Facsimile: [phone]
Sheryl Koval Garko (appearing pro hac vice /
[e-mail])
FISH & RICHARDSON P.C.
One Marina Park Drive
Boston, Massachusetts 02210-1878
Telephone: [phone]
Facsimile: [phone]

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Vivian Cheng (appearing pro hac vice /
[e-mail])
Fish & Richardson P.C.
601 Lexington Avenue
52nd Floor, New York, NY 10022
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant,
DAYTON SUPERIOR CORPORATION

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-3STIPULATION AND ORDER TO EXTEND DATES AND CMC

Case No.: 17-cv-05295 (EMC)

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I attest under penalty of perjury that concurrence in the filing of this document has been
obtained from Sheryl Koval Garko.

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/s/ Todd A. Noah

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RT
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____________________________
Hon. Edward M. Chen
en
United States Edward M. Ch
District Judge
Judge

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3/5
Dated: February ___, 2018

DERED

O OR
IT IS S

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UNIT
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S DISTRICT
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PURSUANT TO STIPULATION, IT IS SO ORDERED: T

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D IS T IC T
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OF

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-4STIPULATION AND ORDER TO EXTEND DATES AND CMC

Case No.: 17-cv-05295 (EMC)