Helton et al v. Factor 5, Inc. et al

Filing 28

STIPULATION AND ORDER re 27 Stipulation, filed by Holger Schmidt, Thomas Engel, Chad Lowe, Alisha Piccirillo, Jesse Helton, Julian Eggebrecht. Signed by Judge ARMSTRONG on 6/14/11. (lrc, COURT STAFF) (Filed on 6/15/2011)

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BARTLETT, LEADER-PICONE & YOUNG, LLP
MALCOLM LEADER-PICONE (State Bar No. 104620)
2201 BROADWAY, SUITE 803
OAKLAND, CA 94612
TELEPHONE: [phone]
FACSIMILE: [phone]

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Attorneys for Defendants
JULIAN EGGEBRECHT, THOMAS ENGEL and
HOLGER SCHMIDT

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JESSE HELTON; ALISHA PICCIRILLO; )
CHAD LOWE; individually and on behalf of )
all others similarly situated,
)
)
Plaintiff,
)
)
vs.
)
FACTOR 5, INC.; FACTOR 5, LLC;
)
BLUHARVEST, LLC; WHITEHARVEST, )
LLC; JULIAN EGGEBRECHT; HOLGER )
SCHMIDT; THOMAS ENGEL; and DOES
)
1-100,
)
)
Defendants.
)

Case No. C10-04927
STIPULATION REQUESTING
RESCHEDULING OF SETTLEMENT
CONFERNCE BEFORE MAGISTRATE
LAPORTE; and ORDER THEREON.
Current Date:
Proposed Date:
Next CMC:

August 26, 2011
September 22, 2011
September 14, 2011

Hon. Saundra Brown Armstrong

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TO THE COURT:

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The parties hereto, through their respective counsel, do represent and stipulate as

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follows:
1.

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By Notice of Settlement Conference and Settlement Conference Order, entered

on May 19, 2011, the Court notified the parties that the matter had been referred to Magistrate Judge
Elizabeth D. Laporte for Settlement Conference; and that the Settlement Conference was scheduled
for August 26, 2011.
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Case No. C10-04927

STIPULATION
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2.

The Settlement Conference Order requires the presence of all parties with their

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The three individual defendants, Julian Eggebrecht, Holger Schmidt, and

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counsel.
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Thomas Engel, all have a prior commitment on August 26th, in connection with the wedding of close

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friends.
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4.

Plaintiffs and their counsel are amenable to rescheduling of the Settlement

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Conference to accommodate the defendants’ prior commitment, other than in the final week of
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September.
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5.

Magistrate Judge Laporte’s clerk has indicated that September 22, 2011 might

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be available for the Settlement Conference, but that prior approval of the Court is required before the
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Conference can be rescheduled.
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Accordingly, the parties request the Court’s permission to reschedule the Settlement
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Conference.
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DATED: June 3, 2011.

SMITH LILLIS PITHA LLP

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BY: /s/ James Smith (SBN 190050)
JAMES SMITH
Attorneys for Plaintiffs
JESSE HELTON; ALISHA PICCIRILLO; CHAD
LOWE; individually and on behalf of all others
similarly situated

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DATED: June 3, 2011.

BARTLETT, LEADER-PICONE & YOUNG,

LLP

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BY: /s/ Malcolm Leader-Picone (SBN 104620)
MALCOLM LEADER-PICONE
Attorneys for Defendants
JULIAN EGGEBRECHT, THOMAS ENGEL and
HOLGER SCHMIDT

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Case No. C10-04927

STIPULATION
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ORDER
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Based upon the foregoing Stipulation of the parties, the Court orders that the Settlement

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Conference may be rescheduled to September 22, 2011, or such other date as the Magistrate Judge

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shall approve.

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6/14/11
DATED: _____________________.

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_________________________________
Hon. Saundra Brown Armstrong
U.S. DISTRICT COURT JUDGE

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ORDER

Case No. C10-04927