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

Filing 80

ORDER re 78 STIPULATION WITH PROPOSED ORDER Amending Briefing Schedule filed by NDX Advisors, Inc., Set/Reset Deadlines as to 78 STIPULATION WITH PROPOSED ORDER Amending Briefing Schedule, 76 Second MOTION to Compel Arbitration ., Motions terminated: 78 STIPULATION WITH PROPOSED ORDER Amending Briefing Schedule filed by NDX Advisors, Inc.. Responses due by 11/20/2012. Replies due by 12/11/2012.. Signed by Judge ARMSTRONG on 11/13/12. (lrc, COURT STAFF) (Filed on 11/14/2012)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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NDX Advisors, Inc., NDX Capital
Management, LLC, NDX Holdings, Inc.,
NDX Trading, Inc. and St. Croix Capital
Management, LLC,

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Plaintiffs,
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v.
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ADVISORY FINANCIAL CONSULTANTS, )
INC., and RUTHE P. GOMEZ,
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Defendants.
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Case No: C 11-3234 SBA
AGREED STIPULATION AND
[PROPOSED] ORDER AMENDING
BRIEFING SCHEDULE

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Defendants re-filed a Motion to Compel Arbitration (“Motion”) recently.

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Plaintiffs’ counsel recently relocated his office on November 3, 2012; Plaintiffs’ counsel’s wife

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is set to have surgery on November 7, 2012, which will lead to greater family responsibilities for

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Mr. May, including caring for his two (2) minor children ages 5 and 3. On November 4, 2012, Mr.

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May was also involved in an auto accident, and is receiving medical care.

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Now therefore, Plaintiffs and Defendants, by and through their undersigned counsel, hereby
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STIPULATE AND AGREE and respectfully request the Court to enter an order that the current
briefing schedule, with respect to the Motion, be VACATED.

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Response to the Motion is due on or before November 20, 2012 and Reply is due on or

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before December 11, 2012, as Defendants’ counsel has trials during the weeks of November 27th

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and December 3rd.

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Further that the hearing on the Motion be conducted telephonically on

December 18, 2012 at 1:00 p.m.

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SO STIPULATED:

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Date: November 8, 2012

By: /s/ Andrew S. May
Andrew May, Esq., Pro Hac Vice
Attorney for Plaintiffs

Date: November 8, 2012

By: /s/ Christopher Mader
Christopher Mader, Esq.
Attorney for Defendants

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IT IS SO ORDERED.
The parties’ stipulation is approved, except that the request to conduct the hearing
telephonically is denied. The Court, in its discretion, may resolve the motion without oral
argument. Fed. R. Civ. P. 78(b); Civ. L.R. 7-1(b). The parties are advised to check the
Court’s website to determine whether an appearance is required. This Order terminates
Docket 78.
Dated: November 13, 2012

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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