Green Valley Corporation v. Caldo Oil Company et al

Filing 30

ORDER APPROVING 28 STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE. The Case Management Conference set for 3/26/2010 is CONTINUED to 4/16/2010 at 10:30 AM. Signed by Judge Jeremy Fogel on 3/24/2010. (jflc2, COURT STAFF) (Filed on 3/24/2010)

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1 2 3 4 5 6 7 John R. Till SBN 178763 Bret A. Stone SBN 190161 Brian R. Paget SBN 168694 Paladin Law Group® LLP 1176 Boulevard Way, Suite 200 Walnut Creek, California 94595 Phone: (925) 947-5700 Fax: (925) 935-8488 Counsel for Plaintiff GREEN VALLEY CORPORATION **E-Filed 3/24/2010** UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Introduction The parties stipulate to and jointly request a further brief continuance of the Case Management Conference currently set for this Friday, March 26, 2010, at 10:30 a.m. in Courtroom 3. Why a Continuance is Necessary The Court will recall that Defendants Caldo Oil Company, Victor LoBue and the Victor LoBue Trust (the "Caldo defendants') had not waived service and had not yet been served as of January 22, 2010, the date of the Initial Case Management Conference. The Court therefore continued the Case Management Conference to Friday, March 26, 2010. See Court Docket, Document 25. On March 5, 2010, Plaintiff Green Valley Corporation ("Green Valley") served the Caldo defendants with process by substituted service on their attorney, Gregg Garrison, who agreed to accept -1- GREEN VALLEY CORPORATION, Plaintiff, vs. CALDO OIL COMPANY, et al., Defendants. No. C 09-4028 JF STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE -----------------AND [PROPOSED] ORDER Civil L.R. 16-2(e), 7-12 Case Management Conference: Judge Fogel Courtroom 3 March 26, 2010 10:30 a.m. S T I P U L A T E D REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 service on their behalf. Green Valley filed proof of such service on March 16, 2010. See Court Docket, Document 26. However, the Caldo defendants have not yet responded to Green Valley's First Amended Complaint. (Their response is not due until March 26, 2010, the same day as the continued Case Management Conference.) They also did not participate in drafting the Continued Joint Case Management Statement, which Green Valley and Defendant Nella Oil Company ("Nella") jointly drafted and which Green Valley filed on March 19, 2010. See Court Docket, Document 27. Green Valley and Nella believe that the Continued Case Management Conference would be more useful and effective if it were held after the Caldo defendants respond to the First Amended Complaint and after they set forth their positions in a further Joint Case Management Statement. Stipulation Accordingly, Green Valley and Nella, through their attorneys of record, hereby stipulate to and jointly request that the Case Management Conference currently set for Friday, March 26, 2010, be continued for three weeks to Friday, April 16, 2010 (the time and place to remain the same: 10:30 a.m. in Courtroom 3) or that it be continued to such other date and time as the Court may deem just and proper. See Civil L.R. 16-2(e), 7-12. SO STIPULATED: 18 DATED: March 23, 2010 19 20 21 22 23 DATED: March 23, 2010 24 25 26 27 28 /// -2- PALADIN LAW GROUP® LLP /s/ ------------------------------ Brian R. Paget Counsel for Plaintiff GREEN VALLEY CORPORATION ARONOWITZ & SKIDMORE, INC. /s/ ------------------------------ Kathleen Cordova Lyon Counsel for Defendant NELLA OIL COMPANY, LLC S T I P U L A T E D REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER 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 ---r--p--s---- Order: [P - o - o -ed] The Case Management Conference set for March 26, 2010, is continued to April 16, 2010, at 10:30 a.m. in Courtroom 3. PURSUANT TO STIPULATION, IT IS SO ORDERED. 24 DATED: March ____, 2010 Case No. C 09-4028 JF ------------------------------ Judge Jeremy Fogel U.S. District Court Northern District of California -3- S T I P U L A T E D REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

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