NDX Advisors, Inc. et al v. Advisory Financial Consultants, Inc. et al

Filing 64

STIPULATION AND ORDER re 63 STIPULATION WITH PROPOSED ORDER re Mediation Cut-Off Date filed by NDX Trading, Inc., NDX Holdings, Inc., NDX Advisors, Inc., St. Croix Capital Partners, LLC, Ndx Capital Management, LLC, Advisory Financial Consultants, Inc., Ruthe Gomez. Signed by Judge ARMSTRONG on 7/9/12. (lrc, COURT STAFF) (Filed on 7/9/2012)

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Case4:11-cv-03234-SBA Document63 Filed05/25/12 Page1 of 2 1 UNITED STATES DISTRICT COURT 2 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 6 7 8 9 10 11 12 NDX Advisors, Inc., NDX Capital Management, LLC, NDX Holdings, Inc., NDX Trading, Inc. and St. Croix Capital Management, LLC, ) ) ) ) ) Plaintiffs, ) v. ) ) ADVISORY FINANCIAL CONSULTANTS, ) INC., and RUTHE P. GOMEZ, ) ) ) Defendants. ) Case No: C 11-3234 SBA STIPULATION AND [PROPOSED] XXXXXXXXXX ORDER VACATING & RESETTING MEDIATION CUT-OFF DATE 13 14 Whereas the Court-Ordered Mediation cut-off date is currently set for June 1, 2012, the 15 16 general discovery cut-off is August 31, 2012 and the expert discovery cut-off is October 12, 2012; 17 Whereas Plaintiffs NDX Advisors, Inc., et al. (“NDX”), whose counsel is located in 18 19 Chicago, Illinois, and Defendants Advisory Financial Consultants, Inc., et al. (“AFC”), whose counsel is located in Menlo Park, California, have been unable to complete mediation primarily 20 21 22 23 24 25 26 27 due to calendaring conflicts; and Whereas, NDX and AFC’s respective counsel have met and conferred and believe that they will be able to complete mediation by August 1, 2012; Whereas, pushing back the deadline to mediation without changing the discovery deadlines could result in wasting of additional resources on discovery when the case may settle; Whereas, NDX and AFC’s respective counsel have met and conferred and believe that they will be able to complete general discovery by October 5, 2012 and expert discovery by October 31, 28 2012; 1 Case4:11-cv-03234-SBA Document63 Filed05/25/12 Page2 of 2 1 Now therefore, NDX and AFC by and through their undersigned counsel hereby 2 STIPULATE AND AGREE and respectfully request the Court to order that the current Court- 3 Ordered Mediation cut-off date is VACATED and reset for August 1, 2012, that the current Court 4 Ordered general discovery deadline and expert discovery deadline are VACATED and reset for 5 October 6, 2012 and October 31, 2012, respectively. 6 7 8 SO STIPULATED: Date: May 25, 2012 By: : /s/ Andrew May Andrew May, Esq. Attorney for Plaintiffs Date: May 25, 2012 By: /s/ Christopher Mader Christopher Mader, Esq. Attorney for Defendants 9 10 11 12 13 IT IS SO ORDERED. 14 Dated: 7/9/12 15 Honorable Saundra Armstrong 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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