Mahroom Family Partnership, L.P. v. Best Western International, Inc.

Filing 44

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 43 . Case Management Conference set for 1/8/2010 10:30 AM in Courtroom 3, 5th Floor, San Jose.. Signed by Judge Jeremy Fogel on 11/19/09. (dlm, COURT STAFF) (Filed on 11/19/2009)

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John C. Gorman, #91515 GORMAN & MILLER, P.C. 210 North Fourth Street Suite 200 San Jose, CA 95112 [phone] (phone) [phone] (fax) Attorneys for Plaintiff/Counterdefendants Mahroom Family Partnership, LP

Jeffrey M. Hamerling, #91532 ARCHER NORRIS 2033 North Main Street Suite 800 Walnut Creek, CA 94596 [phone] (phone) [phone] (fax) Cynthia A. Ricketts(pro hac vice) Allison L. Kierman (pro hac vice) DLA PIPER US, LLP 2415 East Camelback Road Suite 700 Phoenix, Arizona 85016 Tel: [phone] Fax: [phone] Attorneys for Defendant/ Counterclaimant Best Western International, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MAHROOM FAMILY PARTNERSHIP, LP, a California limited partnership; Plaintiff, vs. BEST WESTERN INTERNATIONAL, INC., an Arizona corporation; and DOES 1 through 10, inclusive; Defendants.

Case No. C08-00136 JF (HRL) STIPULATION RE CONTINUANCE OF CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER ----------------THEREON Date: Time: Place: Nov. 20, 2009 10:30 a.m. Courtroom 3, 5th Floor

Hon. Jeremy Fogel

AND RELATED COUNTERCLAIMS.

WHEREAS, a trial in the related case of Mahroom v. Best Western International, Inc., Case No. C 07-2351 JF (HRL), has been

1 Stipulation re Continuance of Case Management Conference, C 08 00136 JF (HRL)

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conducted and a memorandum of intended decision has been issued but the parties are still engaged in the process of filing post-trial submissions and a final judgment in that matter has not been issued; and WHEREAS, the parties are interested in exploring possible settlement options and have been referred to Magistrate Bernard Zimmerman for a settlement conference that is scheduled for November 20, 2009, which is the same date as the Case Management Conference scheduled in this case; IT IS STIPULATED, by and between plaintiff/counterdefendant Mahroom Family Partnership, LP and defendant/counterclaimant Best Western International, Inc. ("BWI"), by their respective attorneys, that: 1. The Case Management Conference should be continued from

November 20, 2009 until January 8, 2010; 2. The court should not require the filing of a written Case

Management Conference Statement until after the parties have had a chance to participate in a settlement conference before Magistrate Judge Zimmerman and, if that is not successful, then after a final ruling is made in Case No. C 07-2351 JF (HRL); and 3. The parties may appear in person or telephonically before

the court at the next Case Management Conference.

GORMAN & MILLER, P.C. By: /s/ ___ John C. Gorman Attorneys for Plaintiff/ Counterdefendants Mahroom Family Partnership, LP

2 Stipulation re Continuance of Case Management Conference, C 08 00136 JF (HRL)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HON. JEREMY FOGEL United States District Judge DATED: 11/19 , 2009 IT IS SO ORDERED. ORDER By: /s/ Jeffrey M. Hamerling Attorneys for Defendant/Counterclaimant Best Western International, Inc. ARCHER NORRIS

3 Stipulation re Continuance of Case Management Conference, C 08 00136 JF (HRL)