The opinion of the court was delivered by: Whyte United States District Judge
STIPULATED REQUEST FOR FURTHER CASE MANAGEMENT CONFERENCE AND ORDER
Pursuant to Local Rule 16-10(c), Plaintiffs Chad Brazil and Steven Seick ("Plaintiffs") request, with the consent of Defendant Dell Inc. ("Defendant"), that the Court vacate the current Case Management Conference set for November 7, 2008 and schedule a further Case Management Conference for 10:30 a.m., Friday, January 9, 2009. As grounds therefore, Plaintiffs state as follows:
1. On September 26, 2008, during a previous Case Management Conference, the Court scheduled a further Case Management Conference for November 7, 2008, as the parties were going to be appearing in Court that day anyway for a hearing on a motion to dismiss filed by Dell. The Court has since vacated the hearing on Dell's motion to dismiss, and both Plaintiffs and Dell agree that the CMC that was scheduled to be had along with the hearing on the motion to dismiss is not needed at this time.
2. Plaintiffs believe that the Court indicated its preference to hold a Case Management Conference subsequent to the hearing on Dell's motion to dismiss. In vacating the November 7, 2008, hearing on Dell's motion, the Court indicated that if it is to hold a hearing on the motion it will do so on or after December 5, 2008. Accordingly, Plaintiffs believe it is within the best interests for the fair adjudication of this matter for the Court to reschedule to the CMC that is currently scheduled for November 7, 2008 for some reasonable time after the Court anticipates holding a hearing on Dell's motion to dismiss.
3. Dell does not oppose Plaintiffs' request for a CMC. Therefore, Plaintiffs request, with the consent of Dell, that the Court vacate the current Case Management Conference set for November 7, 2008 and schedule a further Case Management Conference for 10:30 a.m., Friday, January 9, 2009.
LIEFF, CABRASER, HEIMANN & BERNSTEIN LLP
Michael W. Sobol Attorneys for Plaintiffs
FARELLA BRAUN & MARTEL LLP
C. Brandon Wisoff Attorneys for Defendant
For good cause shown and pursuant to ...