Pebble Tide LLC v. August Home, Inc.

Filing 28

ORDER by Judge Haywood S. Gilliam, Jr. Denying 27 Stipulation FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND EXTENSION OF TIME TO TIME FILE JOINT CASE MANAGEMENT STATEMENT [Civ. L.R. 6- 2]. (ndrS, COURT STAFF) (Filed on 10/10/2019)

1 Steven A. Nielsen, CSB 133864
100 Larkspur Landing Circle, Suite 216
2 Larkspur, CA 94939
415-272-8210
3
[e-mail]
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Isaac Rabicoff
5 (Pro Hac Vice motion to be filed)
RABICOFF LAW LLC
6 73 W Monroe St
Chicago, IL 60603
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773-669-4590
8 [e-mail]
9 Attorneys for Plaintiff
Pebble Tide LLC
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Katherine D. Prescott, SBN 215496
FISH & RICHARDSON P.C.
500 Arguello Street, Suite 500
Redwood City, CA 94063
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Joseph A. Hynds
(Pro Hac Vice motion to be filed)
ROTHWELL FIGG ERNST & MANBECK, P.C.
607 14th Street, N.W., Suite 800
Washington, DC 20005
Telephone: [phone]
[e-mail]
Attorneys for Defendant
August Home, Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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15 PEBBLE TIDE LLC,
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Plaintiff,

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v.
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AUGUST HOME, INC.,

Case No. 4:19-cv-02987-HSG
STIPULATED REQUEST AND ORDER FOR
CONTINUANCE OF CASE MANAGEMENT
CONFERENCE AND EXTENSION OF TIME
TO TIME FILE JOINT CASE MANAGEMENT
STATEMENT [Civ. L.R. 6-2]

Defendant.

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STIPULATION

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WHEREAS the Case Management Conference is currently scheduled for October 22, 2019
at 2:00pm, and the parties’ Joint Case Management Statement is due October 15, 2019 (ECF No.
20);

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-1STIPULATED REQUEST AND ORDER FOR CONTINUANCE OF CMC AND EXTENSION OF TIME TO
FILE JOINT CMC STATEMENT
Case No. 4:19-cv-02987-HSG

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WHEREAS the parties respectfully request that the Court move the Case Management

2 Conference to December 10, 2019, or to another date thereafter at the court’s convenience, and that
3 the parties’ Joint Case Management Statement be postposed in relation to the new Case
4 Management Conference date set by the Court;
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WHEREAS the parties state the following as grounds for this stipulation and joint

6 application for continuance:
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1. This is the parties’ second request for continuance of the initial Case Management

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Conference. Defendant previously received two extensions of time to respond to the

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Complaint, extending the time to answer or otherwise respond to August 16, 2019

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(ECF No. 17), and to October 10, 2019 (ECF No. 20). No party has otherwise

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applied for any extension of time on any subject.

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2. The parties are engaging in discussion and exchange of information with the goal of

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reaching early resolution of this case. However, the parties have not yet fully

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conferred regarding initial disclosures, early settlement, discovery plans, and the

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Joint Case Management Statement. The parties need additional time in which to

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prepare initial disclosures, prepare a proper discovery plan, and to continue

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discussing the potential for settlement of this case.

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NOW, THEREFORE, the parties respectfully request that (1) the initial Case Management

19 Conference be continued to approximately December 10, 2019, or such date thereafter as set by the
20 Court; and (2) the deadline for the parties’ Joint Case Management Statement be postponed to seven
21 (7) days before the rescheduled Case Management Conference.
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In accordance with Local Rule 6-2, a declaration is support of this stipulation is filed

23 concurrently.
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A proposed order in the form of an endorsement of this stipulation, in accordance with Local

25 Rule 7-12, is provided below.
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-2STIPULATED REQUEST AND ORDER FOR CONTINUANCE OF CMC AND EXTENSION OF TIME TO
FILE JOINT CMC STATEMENT
Case No. 4:19-cv-02987-HSG

1 Dated: October 10, 2019

Respectfully submitted,

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3 By: /s/ Steven A. Nielsen
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By: /s/ Katherine D. Prescott

Steven A. Nielsen, CSB 133864
100 Larkspur Landing Circle, Suite 216
Larkspur, CA 94939
415-272-8210
[e-mail]

Katherine D. Prescott, SBN 215496
FISH & RICHARDSON P.C.
500 Arguello Street, Suite 500
Redwood City, CA 94063
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Isaac Rabicoff
(Pro Hac Vice motion to be filed)
RABICOFF LAW LLC
73 W Monroe St
Chicago, IL 60603
773-669-4590
[e-mail]

Joseph A. Hynds*
Jennifer P. Nock*
*Pro Hac Vice motion to be filed
ROTHWELL FIGG ERNST & MANBECK, P.C.
607 14th Street, N.W., Suite 800
Washington, DC 20005
Telephone: [phone]
[e-mail]

Attorneys for Plaintiff
Pebble Tide LLC

Attorneys for Defendant
August Home, Inc.

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Local Rule 5-1(i)(3) Attestation

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Pursuant to Civil L.R. 5-1(i)(3) regarding signatures, I hereby attest that concurrence in the
filing of this document has been obtained for the other signatories in this e-filed document.
/s/ Steven A. Nielsen
Steven A. Nielsen

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STIPULATED REQUEST AND ORDER FOR CONTINUANCE OF CMC AND EXTENSION OF TIME TO
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FILE JOINT CMC STATEMENT
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Case No. 4:19-cv-02987-HSG

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DATED: 10/10/2019

UNIT
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ORDER

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