The opinion of the court was delivered by: The Honorable Jeffrey S. White
JOINT STIPULATION AND REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Continued Case Management Conference Date: February 25, 2008 Time: 1:30 p.m. Place: Ctrm. 2
On December 1, 2008, the parties to this action, by and through their respective counsel of record, provided this Court with a Joint Stipulation and Request for Further Case Management Conference, wherein the parties requested a Further Case Management Conference be scheduled for the first available date on this Court's calendar after January 26, 2009 so as to permit counsel to report to the Court on the status of mediation and other related issues, including the pretrial and trial calendars.
The parties' Stipulation and Request was based, in part, on the fact that the parties had commenced private mediation before Judge Edward Infante (Ret.) of JAMS on May 13, 2008, participated in a continued mediation session on September 15, 2008, and had planned to return to REED SMITH LLP A limited liability partnership formed in the State of Delaware mediation with Judge Infante on December 22, 2008. However, during the first week of October 12 2008, Wachovia's parent entity, Wachovia Corp., entered into an agreement to be acquired by Wells Fargo, and the parties requested a reasonably short period of time after the scheduled closing of the transaction to identify and accommodate the change(s) that will take place after Wells Fargo's acquisition, so as to enable the parties to continue to participate in a meaningful mediation session before Judge Infante.
Thereafter, this Court entered an Order setting a Continued Case Management Conference for February 20, 2009 at 1:30 p.m. and ordering the parties to file a Joint Case Management Statement no later than February 13, 2009.
The parties have scheduled a continued mediation with Judge Infante on February 25, 2008, which was the first mutually convenient date available on Judge Infante's calendar within a reasonable time of the closing. Accordingly, because the parties anticipate being able to make a more meaningful report to this Court after the February 25, 2008 continued mediation session, there is good cause to continue the Case Management Conference and the parties respectfully request that this Court continue the Case Management Conference, currently set for February 20, 2009 at 1:30 p.m., until March 6, 2009 at 1:30 p.m., or the Court's first available date thereafter.
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