The opinion of the court was delivered by: Hon. Judge Susan Illston United States District Court
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE Courtroom 10, 19th Floor 450 Golden Gate Avenue San Francisco, CA 94102 Current CMC Date: July 25, 2008 Current Time: 2:00 p.m.
WHEREAS on May 26, 2008, the Honorable Judge Susan Illston issued a notice scheduling a Case Management Conference in this matter for July 25, 2008;
WHEREAS Defendants Counter-Claimants ANTON DEFRANCESCHI and ONAVIA, INC. (the "Onavia Defendants") and Plaintiff and Counter-defendant MAUI X-STREAM, INC. ("Plaintiff") have been engaged in on-going settlement discussions since late May and, though no terms of settlement have yet been reached, the parties both anticipate continued discussions prior to the Case Management Conference;
WHEREAS Defendant Arben Kryezieu is also engaged in settlement discussions with Plaintiff;
WHEREAS on June 25, 2008, a default was entered against Defendant Doxasoft Technologies, Inc., the only other defendant in this action; WHEREAS lead counsel for the Onavia Defendants is unavailable to attend the conference on July 25, 2008, due to a prior-scheduled, out-of-state holiday;
WHEREAS lead counsel for the Onavia Defendants has requested the stipulation of Plaintiff's lead counsel to rescheduling the Case Management Conference for Friday, July 25, 2008, to August 22, 2008, or thereafter as convenient to the Court's calendar, and
WHEREAS counsel for Plaintiff is available and agreeable to the continuance as proposed;
NOW, THEREFORE, THE PARTIES STIPULATE AND AGREE and respectfully request the Court to order that the Case Management Conference be continued from July 25, 2008, to August 22, 2008, or to a date thereafter that is convenient to the Court's calendar.
DATED THIS 15th day of July 2008.
Colette Vogele Attorneys for Defendants and Counter-
Claimants ANTON DEFRANCESCHI, ONAVIA, INC.
COLETTE VOGELE (SBN 192865) Email: ...