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Vistan Corp. v. Panamerican Engineering

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


March 17, 2008

VISTAN CORPORATION, PLAINTIFF,
v.
PANAMERICAN ENGINEERINGAND EQUIPMENT CO., INC., 19 AND CURRENT CMC DATE: MARCH 21, 2008 CURRENT CMC TIME: 2:30 P.M. FADEI S.A. A/K/A/ FABRICA DE EQUIPOS INDUSTRALES A/KA/ FADEI CORP., DEFENDANTS.

The opinion of the court was delivered by: Honorable Susan Illston United States District Judge

Proposed New CMC Date: April 25, 2008 21 and Proposed New CMC Time: 2:30 p.m. (same) MANUEL SILVA, Courtroom 10, 19th Floor and KB PACKING LP, AND RELATED COUNTERCLAIM

W02-WEST:6NB1\400749243.1

STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE TO FACILITATE SETTLEMENT

STIPULATION Pursuant to Civil Local Rule 7-12, Plaintiff VISTAN CORPORATION ("Vistan") and Defendants PAN AMERICAN ENGINEERING and EQUIPMENT CO., INC., FADEI S.A. a/k/a FABRICA DE EQUIPOS INDUSTRALES a/k/a FADEI CORP., MANUEL SILVA, and KB PACKING LP (collectively "Defendants"), through their respective counsel of record, jointly request and stipulate that the Court continue the further Case Management Conference ([g2]CMC[g3]) in this action from March 21, 2008 to the new date of April 25, 2008, for the following reasons:

1. On or about October 24, 2007, the parties participated in an Early Neutral Evaluation Conference and reached an agreement on a tentative basis for settlement of this matter, pending various actions to be taken by the parties. On November 21, 2007, this Court entered an order on a previous stipulation of the parties, staying this action for 120 days to allow the parties time to take the actions contemplated by their tentative settlement agreement. (See Docket No. 41.) In that order, the Court set a case management conference for March 21, 2008 at 2:30 p.m. (See id.)

2. Since the time the Court's order [Docket No. 41] was entered, the parties have endeavored to complete the actions contemplated by their tentative settlement agreement, have accomplished most of the actions, and had anticipated accomplishing all of them and filing a dismissal prior to March 21, 2008. However, it now appears the parties need a brief extension of time in order to arrange for the final inspections contemplated by their tentative settlement agreement.

3. The parties anticipate that one extra month should be ample time for them to arrange for the final inspection necessary to bring this matter to a close.

Because the parties have been engaging in earnest efforts to settle this action in full, wish to continue those efforts, and anticipate their efforts will dispose of this action, and in order for any further case management conference that may be necessary to be as meaningful as possible, the parties request and stipulate that this Court continue the March 21, 2008 CMC to April 25, 2008, at 2:30 p.m. If necessary, the parties will file a further joint case management statement on or before April 18, 2008.

By his signature below, counsel for Vistan attests that counsel for all parties concur in the filing of this Stipulation.

[PROPOSED] ORDER

PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED THAT:

The further Case Management Conference in this action currently scheduled for March 21, 2008 at 2:30 p.m. is hereby continued to April 25, 2008 at 2:30 p.m. A further joint case management statement shall be filed by the parties on or before April 18, 2008. Dated:

The Honorable Susan Illston United States District Court Judge

20080317

© 1992-2008 VersusLaw Inc.



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