iTalent Corporation v. iTalent Inc

Filing 14

ORDER [AS MODIFIED BY THE COURT] re 13 MOTION to Continue Initial Case Management Conference filed by iTalent Corporation Initial Case Management Conference set for 1/26/2015 is CONTINUED to Monday, 3/30/2015 02:00 PM in Courtroom 1, 4th Floor, Oakland. Case Management Conference Statement filed by 3/23/15. Signed by Judge Yvonne Gonzalez Rogers on 1/21/15. (fs, COURT STAFF) (Filed on 1/21/2015)

BALL LAW CORPORATION
1 JONATHAN BALL, SBN 264107
[e-mail]
2 One Market, Spear Tower, 36th Fl.
San Francisco, CA 94105
3 Telephone: [phone]
Facsimile: [phone]
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5 Attorneys for Plaintiff
iTALENT CORPORATION
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

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10 iTALENT CORPORATION,

CASE NO. 4:14-cv-04558-YGR

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PLAINTIFF'S MOTION AND
[PROPOSED] ORDER FOR
ADMINISTRATIVE RELIEF TO
CONTINUE INITIAL DISTR
CASE
ICT
MANAGEMENT ES
CONFERENCE
T

NO

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zalez Rog

ers

A

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Plaintiff iTALENT CORPORATION ("Plaintiff") respectfully requests that this Court

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n
onne Go
Judge Yv

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Date: January 26, 2015
Time: 2:00 p.m.
Judge: Hon. Yvonne ORDERED
Gonzalez Rogers
O
IT IS S
DIFIED
AS MO

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13 iTALENT INC. dba iTALENT-DWISE,
INC.,
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Defendant.
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v.

UNIT
ED

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Plaintiff,

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reschedule the Initial Case Management Conference, currently set for January 26, 2015,
F
D IS T IC T O
R
to March 23, 2015 or the next available date convenient to the Court. Plaintiff makes this

request because Plaintiff believes that Plaintiff and iTalent Inc. (“Defendant”) are close to
resolving this dispute outside of this Court and because, on account of the ongoing
settlement discussions between the parties, Plaintiff has not yet served its Complaint
upon Defendant.
Desiring to avoid unnecessarily taxing this Court’s resources, Plaintiff has delayed

27 serving its Complaint on Defendant in order to provide time for settlement discussions to
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Case No. 4:14-cv-04558-YGR:

PLAINTIFF’S MOTION TO CONTINUE CASE MANAGEMENT
CONFERENCE

1 proceed before the Defendant is forced to file an Answer and before the parties engage
2 in motion practice, discovery, and further litigation. Pursuant to Rule 4(m) of the Federal
3 Rules of Civil Procedure, the deadline for Plaintiff to serve its Complaint on Defendant is
4 120 days after Plaintiff filed its Complaint. That deadline has not yet passed; in this case,
5 that deadline is February 10, 2015. Plaintiff believes that it is likely that the parties will
6 resolve their dispute before February 10, 2015, in which case a Case Management
7 Conference will not be necessary.
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If the parties do not resolve their dispute before February 10, 2015, then Plaintiff
intends to serve the Defendant on or before the February 10 deadline, in which case
scheduling the Case Management Conference for March 23, 2015, would allow sufficient
time for the parties to prepare and file one or more Case Management Statements and
otherwise to prepare for the Case Management Conference.
Accordingly, in order to avoid unnecessary use of the Court’s resources, Plaintiff

15 respectfully requests that the Court continue the conference until March 23, 2015 or the
16 next available date convenient to the Court.
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DATED: January 19, 2015

BALL LAW CORPORATION

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By: /s/ JONATHAN S. BALL
JONATHAN S. BALL
Attorneys455 for Plaintiff
iTALENT CORPORATION

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[PROPOSED] ORDER

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24 IT IS SO ORDERED. The case management conference shall be continued to March 30, 2015.
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DATED:________________, 2015
January 21

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______________________________________
THE HON. YVONNE GONZALEZ ROGERS
United States District Judge
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Case No. 4:14-cv-04558-YGR:

PLAINTIFF’S MOTION TO CONTINUE CASE MANAGEMENT
CONFERENCE