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Vistan Corp. v. Panamerican Engineering and Equipment Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


April 23, 2008

VISTAN CORPORATION, PLAINTIFF,
v.
PANAMERICAN ENGINEERING AND EQUIPMENT CO., INC., AND FADEI S.A. A/K/A/ FABRICA DE EQUIPOS INDUSTRALES A/KA/ FADEI CORP., MANUEL SILVA, AND KB PACKING LP, DEFENDANTS.

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

Current CMC Date: April 25, 2008

Current CMC Time: 2:30 p.m.

Proposed New CMC Date: May 23, 2008 and Proposed New CMC Time: 2:30 p.m. (same)

Courtroom 10, 19th Floor

STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE FROM APRIL 25, 2008 TO MAY 23, 2008 TO FACILITATE SETTLEMENT AND RELATED COUNTERCLAIM

April 25, 2008 CMC to May 23, 2008, at 2:30 p.m.:

Pursuant to Civil Local Rule 7-12, Plaintiff VISTAN CORPORATION ("Vistan")

The parties submit the following stipulation requesting that the Court continue the April 25, 2008 CMC to May 23, 2008, at 2:30 p.m.:

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 stipulate and request as follows:

1. WHEREAS, on or about October 24, 2007, the parties reached an agreement on a tentative basis for settlement of this matter, pending various actions to be taken by the parties;

2. WHEREAS, 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 [Docket No. 41];

3. WHEREAS, the Court's November 21, 2007 order [Docket No. 41] set a case management conference for March 21, 2008 at 2:30 p.m.;

4. WHEREAS, the Court entered an order on March 19, 2008, granting the parties' stipulated request that the case management conference be continued to April 25, 2008 at 2:30 p.m. [Docket No. 143]; dates in this action except the pretrial and trial dates and the April 25, 2008 case management conference by which date the parties had hoped to be able to complete the final inspection contemplated by their settlement agreement and resolve this action in full;

6. WHEREAS, despite numerous attempts, the parties have been unable to

5. WHEREAS, the Court entered an order on March 20, 2008 vacating all connect upon a mutually-satisfactory time for a final inspection of machines at the facility of KB Packing, but are nevertheless trying diligently to schedule a time when the appropriate personnel from both sides can be present to complete the inspection, and believe the inspection can be made in the next few weeks;

NOW, THEREFORE, 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 within the next few weeks, and in order for any further case management conference that may be necessary to be as meaningful as possible should this litigation need to proceed and new dates need to be set for the further progress of this litigation, IT IS HEREBY STIPULATED AND REQUESTED that the Court continue the April 25, 2008 CMC to May 23, 2008,at2:30 9 p.m.

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

PURSUANT TO STIPULATION, IT IS SO ORDERED.

The Honorable Susan Illston United States District Court Judge

20080423

© 1992-2008 VersusLaw Inc.



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