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CytoSport, Inc. v. PVL Nutrients

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 16, 2009

CYTOSPORT, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
PVL NUTRIENTS, LTD., A CANADIAN COMPANY, DEFENDANT.

MOTION TO EXTEND DEADLINE FOR SERVING COMPLAINT AND APPLICATION TO CONTINUE JOINT SCHEDULING CONFERENCE; [PROPOSED] ORDER EXTENDING DEADLINE TO SERVE COMPLAINT AND CONTINUING JOINT SCHEDULING CONFERENCE

Date: June 29, 2009 Time: 2:00 p.m. Courtroom: 5 Honorable William B. Shubb

APPLICATION

By order dated March 10, 2009 [Document 5], this matter was scheduled for an Initial Scheduling Conference to be heard on June 29, 2009 at 2:00 p.m. That order was made upon Plaintiff's ex parte application dated March 27, 2009 [Document 7], in which we sought a 30-day continuance of the scheduling conference in order to continue settlement negotiations. The Plaintiff mailed the Defendant a courtesy copy of the Complaint on March 10, 2009. The Complaint has not been served upon the Defendant in order to give the parties an opportunity to resolve this matter without the Court's assistance. The parties have been in regular communication since the filing of the Complaint discussing various settlement opportunities. Settlement negotiations are continuing between the parties. Thus, we now seek an additional continuance of the scheduling conference in order to continue negotiations (and hopefully execution) of a settlement agreement. We also seek a 60-day extension of the time allotted under Fed.R.Civ.P. 4(m) to serve the Complaint, which would make the new deadline for serving the Complaint September 7, 2009.

While recognizing that we are in arrears of the court-ordered schedule, we believe that these circumstances warrant an additional postponement of the Pretrial Scheduling Conference, an extension of the deadline for serving the Complaint, and respectfully request that the Court order that the scheduling conference (currently set for June 29, 2009) be continued for approximately 60 days. We are hopeful that a voluntary dismissal will precede the new conference date.

DATED: June 15, 2009

THORPE NORTH & WESTERN, L.L.P. RAY QUINNEY & NEBEKER P.C. and MILLSTONE, PETERSON & WATTS, LLP

GLENN W. PETERSON Attorneys for Plaintiff CytoSport, Inc.

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document.

MILLSTONE PETERSON & WATTS, LLP Attorneys at Law /s/ Glenn W. Peterson

ORDER

Based upon the foregoing application, and good cause appearing, the deadline for serving the Complaint in this matter is extended to September 8, 2009, the Status (Pretrial Scheduling) Conference in this matter is continued to November 16, 2009 at 2:00 p.m. If joint scheduling remains an issue at that time, a joint scheduling report shall be filed no later than fourteen (14) days prior to the conference date.

SO ORDERED.

20090616

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