Incentive Capital v. Camelot Entertainment Group et al

Filing 118

Stipulated MOTION to Stay All Proceedings filed by Plaintiff Incentive Capital. Motions referred to Samuel Alba.(Pia, Joseph)

Joseph G. Pia (9945)
Nathan S. Dorius (8977)
PIA ANDERSON DORIUS REYNARD & MOSS
222 South Main Street, Suite 1800
Salt Lake City, Utah 84101
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiffs
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION
INCENTIVE CAPITAL, LLC, a Utah Limited
Liability Company,
Plaintiff,
v.
CAMELOT ENTERTAINMENT GROUP,
INC., a Delaware Corporation; CAMELOT
FILM GROUP, INC., a Nevada Corporation;
CAMELOT DISTRIBUTION GROUP, INC.,
a Nevada Corporation, ROBERT P. ATWELL,
an individual; JAMIE R. THOMPSON, an
individual; STEVEN ISTOCK, an individual;
TED BAER, an individual; PETER
JAROWEY, an individual,

STIPULATED MOTION AND
[PROPOSED] ORDER TO STAY ALL
PROCEEDINGS
Civil No. 2:11-cv-00288
Judge Clark Waddoups

Defendants.
Counsel for Plaintiff Incentive Capital, LLC (“Plaintiff” or “Incentive”) and counsel for
Defendants Camelot Entertainment Group, Inc., Camelot Film Group, Inc., Camelot Distribution
Group Inc., Robert P. Atwell, Jamie R. Thompson, Steven Istock (“Camelot Defendants”), Ted

Baer, and Peter Jarowey hereby jointly move the Court for the entry of a stay of all proceedings
and deadlines in the above-referenced action while the parties seek to effectuate settlement, as
follows:
1.

That a stay of all proceedings and deadlines be entered for approximately thirty

(30) days until November 14, 2011 (“Stay Period”) for all of the parties to continue settlement
discussions and settle this case if possible.
2.

On or before November 14, 2011, Incentive will inform the Court as to its view of

the status of settlement discussions, and either file a dismissal with prejudice, or request that the
Court continue the case.
3.

If the case is continued, the Defendants, and each of them, will have until

November 29, 2011 to file a response to Incentive’s Motion for Writ of Attachment [Docket
Entry No. 103].
4.

During the Stay Period no attorney is obliged to file an Attorneys’ Planning

Report or respond to the Attorneys’ Planning Report which has been filed by Incentive.
5.

Should the case proceed beyond the Stay Period, the dates proposed by Incentive

in its Attorneys’ Planning Report will necessarily need to be changed. Therefore, Incentive
respectfully withdraws the Attorneys’ Planning Report it recently filed [Docket Entry No. 116],
and reserves the right to refile such a report at a future date.
6.

The parties request that the initial pretrial conference scheduled for November 9,

2011 be postponed and reset at the next available date should this case proceed beyond the Stay
Period.

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7.

Dennis R. James of Morgan Minnock Rice & James has made a special

appearance for the purpose of challenging jurisdiction on behalf of his client, Ted Baer. Dennis
R. James’s signature on this Stipulated Motion shall in no way constitute a waiver or
compromise of Ted Baer’s position that the Court does not have personal jurisdiction over him in
this matter.
8.

Wayne G. Petty of Moyle & Draper, P.C. has made a special appearance for the

purpose of challenging jurisdiction on behalf of his client, Peter Jarowey. Wayne Petty’s
signature on this Stipulated Motion shall in no way constitute a waiver or compromise of Peter
Jarowey’s position that the Court does not have personal jurisdiction over him in this matter.
Dated: October 13, 2011
PIA, ANDERSON, DORIUS, REYNARD &
MOSS

MOYLE & DRAPER, P.C.
By: /s/ Wayne G. Petty
Wayne G. Petty

By: /s/ Joseph Pia
Joseph Pia

Attorneys for Defendant Peter Jarowey
Attorneys for Plaintiff Incentive Capital, LLC
LEVITAN LAW OFFICES

MORGAN MINNOCK RICE &
JAMES

By: /s/ Jonathan Levitan
By: /s/ Dennis R. James
VAN COTT BAGLEY CORNALL &
McCARTHY

Attorney for Defendant Ted Baer

By: /s/ John Snow
Attorneys for Defendants Camelot
Entertainment Group, Inc., Camelot Film
Group, Inc., Camelot Distribution Group Inc.,
Robert P. Atwell, Jamie R. Thompson, Steven
Istock,
[ORDER ON FOLLOWING PAGE]
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Date: ____________
SO ORDERED:
__________________________
The Honorable Judge Clark Waddoups
U.S. District Judge

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