Levy v. Prevacus, Inc.

Filing 92

STIPULATION AND ORDER re 90 . STIPULATION WITH PROPOSED ORDER POSTPONING CASE MANAGEMENT CONFERENCE filed by Jake VanLandingham, Prevacus, Inc., Daniel E. Levy. Case Management Statement due by 1/2/2019. Further Case Management Conference set for 1/8/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor. Signed by Magistrate Judge Kandis A. Westmore on 9/10/18. (sisS, COURT STAFF) (Filed on 9/10/2018)

1 Paul H. Beattie, Esq. (admitted pro hac vice)
Richard J. Mooney, Esq. (SBN: 176486)
2 Brian T. Hafter, Esq. (SBN: 173151)
Rimon P.C.
3 One Embarcadero Center #400
San Francisco, CA 94111
4 Telephone: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiff Daniel E. Levy
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Daniel E. Levy, an individual domiciled in
12 California,

Case No. 16-cv-1555 KAW

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STIPULATION AND [PROPOSED]
ORDER POSTPONING CASE
MANAGEMENT CONFERENCE

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Plaintiff,
vs.

15 Prevacus, Inc., a Delaware corporation residing
in Florida,
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Defendant.
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STIPULATION
Plaintiff Daniel E. Levy, and Defendants Prevacus and Jake VanLandingham,
through their respective counsel of record, do hereby agree and stipulate as follows:

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The Court has scheduled a case management conference for September 18, 2018.

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2.

The parties participated in a mediation on September 26, 2017, and since that time,

3 the parties have been working in good faith to negotiate settlement terms.

This process has taken

4 longer than the parties envisioned, and the parties appreciate the Court’s patience.
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3.

The parties have made real progress towards satisfying the key terms of their

6 mediation agreement. The Stock Options Agreement awarding Dr. Levy vested options to buy up
7 to 80,000 shares of stock in the company has been finalized and signed. That part of the settlement
8 is now complete. Prevacus has also paid the first $25,000 of an agreed cash settlement amount of
9 $125,000, but indicates it needs more time to pay off the balance.1
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4.

In light of the foregoing, Plaintiff and Defendants agree to postpone the case

11 management conference until a convenient date for the Court that falls after January 1, 2019 – with
12 all parties hoping in good faith that a dismissal with prejudice will be filed before said date.
13 Dated: September 4, 2018

Rimon P.C.

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By: ____________/s/ Brian T. Hafter_______
Brian T. Hafter
Attorneys for Plaintiff Daniel E. Levy

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18 Dated: September 4, 2018

Law Offices of Seth W. Wiener

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By: _____________/s/_Seth W. Wiener_____
Seth W. Wiener
Attorneys for Defendants Prevacus, Inc.
and Jake VanLandingham

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Dr. Levy’s counsel also states separately: It has not been clear to Dr. Levy that spending more
26 money on litigation would have sped the settlement process up at all, since much of the delay is
simply a function of Prevacus’ cash-flow issues. However, Dr. Levy reserves the right to move the
27 Court to add interest to the agreed settlement amount ($125,000) if delays persist.

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Levy v. Prevacus, Inc. (Case No. 16-cv-1555 KAW)
Stipulation and [Proposed] Order Postponing Case Management Conferernce

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ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1
I, Brian T. Hafter, attest that concurrence in the filing of this document has been obtained

4 from the other signatories. Executed on September 4, 2018 in San Francisco, California.
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By: ____________/s/ Brian T. Hafter_______
Brian T. Hafter
Attorneys for Plaintiff Daniel E. Levy

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[PROPOSED] ORDER

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Pursuant to the foregoing Stipulation, IT IS SO ORDERED. The case management

12 conference scheduled for September 18, 2018 has been postponed and will be held on
13 ____________________________ at _________.
January 8, 2019
1:30 p.m
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Dated: _______________ 2018
9/10

_____________________________________
Hon. Kandis A. Westmore
United States Magistrate Judge

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Levy v. Prevacus, Inc. (Case No. 16-cv-1555 KAW)
Stipulation and [Proposed] Order Postponing Case Management Conferernce