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Rite Aid Corp. v. Jingle Networks

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


July 9, 2009

RITE AID CORPORATION, A DELAWARE CORPORATION; NAME RITE, LLC, A DELAWARE CORPORATION, PLAINTIFFS,
v.
JINGLE NETWORKS, INC., DEFENDANT.

The opinion of the court was delivered by: Hon. Susan Illston United State District Court Judge

EX PARTE MOTION FOR A SECOND EXTENSION OF CASE MANAGEMENT CONFERENCE DATE AND RELATED DEADLINES AND [PROPOSED] ORDER DATE: JULY 31, 2009 TIME: 2:30 COURTROOM: 10, 19TH FLOOR

Plaintiffs Rite Aid Corporation and Name Rite, LLC (collectively "Rite Aid") respectfully request a continuance of the Case Management Conference for one month.

Rite Aid filed the Complaint on March 10, 2009. Rite Aid and defendant Jingle Networks, Inc. ("JNI") thereafter reached an agreement on the general terms for settlement and actively have been working to finalize a formal settlement agreement. Rite Aid formally served the Summons and Complaint on July 7, 2007, shortly before the deadline for service specified in Federal Rule of Civil Procedure Rule 4(m).

Given that the Complaint was served on July 7, 2009, JNI has not yet made an appearance in this action. For this reason, Rite Aid could not obtain the formal stipulation of JNI for this Ex Parte

Motion for a Second Extension of the Case Management Conference and Related Deadlines ("Motion"). JNI does, however, consent to and agree with Rite Aid's request for a one month continuance of the case management conference and related deadlines so that the parties have additional time to finalize a settlement agreement. Attached hereto as Exhibit A is a true and correct copy of an email confirming JNI's consent to this Motion.

This is the second request to continue the case management conference. On April 3, 2009, the Court issued an Order setting the date for the case management conference on June 23, 2009. Rite Aid filed its first ex parte motion to continue the case management conference (and associated dates) because JNI had not been served or made an appearance and the parties were involved in settlement negotiations. On June 3, 2009, the Court granted the motion and reset the case management conference for July 31, 2009.

Various deadlines are triggered by the date for the case management conference, the first of which is Friday, July 10, 2009, which is the last day for the required conference under Federal Rule of Civil Procedure 26(f) and for the filing of a Stipulation to ADR Process or Notice of Need for ADR Phone Conference. Shortly thereafter, the parties are required to exchange of initial disclosures and submit a Joint Case Management Conference Statement.

Since the parties are actively working to finalize a formal settlement agreement, there is good cause for the Court to continue the Case Management Conference and to extend the various dates calculated from the Case Management Conference date. Accordingly, Rite Aid, with the stipulation of JNI, respectfully requests a continuance of the Case Management Conference for one month.

[PROPOSED] ORDER

Having reviewed Rite Aid's Ex Parte Motion for a Second Extension of Case Management Conference and Related Deadlines, and good cause appearing

IT IS HEREBY ORDERED that the Case Management Conference is continued until August_________, 2009, and the dates calculated based on the Case Management Conference Sept. date shall be extended accordingly.

IT IS SO ORDERED.

20090709

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