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Global Ampersand, LLC v. Crown Engineering and Construction

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


September 17, 2009

GLOBAL AMPERSAND, LLC, PLAINTIFF,
v.
CROWN ENGINEERING AND CONSTRUCTION, INC., DEFENDANT.

The opinion of the court was delivered by: Judge Oliver W. Wanger

AND RELATED CROSS-CLAIM.

STIPULATION AND ORDER TO: 1)CONVERT PRE TRIAL CONFERENCE TO STATUS CONFERENCE; 2)PERMIT LATER FILING OF JOINT PRE TRIAL STATEMENTS Date: Sept. 21, 2009 (Pre-Trial Conf.) Time: 11:00 a.m. Courtroom: 3

Plaintiff and Counterclaim Defendant Global Ampersand, LLC ("Global") and Counterclaim Defendant D.E. Shaw Synoptic Portfolios 3, LLC ("Shaw"), and Defendant and Counterclaimant Crown Engineering and Construction, Inc. ("Crown") hereby stipulate and agree as follows:

RECITALS

WHEREAS, the parties' Pre Trial Statements are due to be filed this Friday, September 18, 2009 (having been continued by prior stipulation and order from September 15, 2009);

WHEREAS, a Pre Trial Conference is scheduled to be heard before the Honorable Oliver Wanger on Monday, September 21, 2009 at 11:00 a.m.;

WHEREAS, Trial is presently set for October 14, 2009;

WHEREAS, the parties to this Stipulation are continuing to discuss settlement of this case;

WHEREAS, Counsel for Crown has informed Counsel for Global and Shaw that:

· Crown has represented it will not be participating in trial in this matter.

Rather, it has engaged bankruptcy counsel and, if settlement can not be reached by no later than Monday, September 21, 2009, Crown will immediately file for bankruptcy protection.

WHEREAS, All Counsel recognize that if the above were to occur, then the Honorable Oliver Wanger would spend his weekend reading Global and Shaw's Pre-Trial statement in advance of Monday's Pre-Trial Conference, when all would be for naught as there will either be a settlement or a bankruptcy filing by Crown by then. Additionally, counsel for Global and Shaw submit reaching a settlement of this case will be more difficult if Global and Shaw remain required to file their Pre-Trial Statement this Friday [which they are prepared to do, if ordered], and send their counsel from Virginia to the Pre-Trial Conference on Monday, in light of the significant additional expenses related to these activities and the likelihood that nothing will be accomplished.

WHEREAS, All Counsel felt it appropriate to advise the court of these developments in light of the potential impact on the court's schedule, the potential adverse impacts on settlement possibilities and request the Court consider issuing an Order, in the form below, adjusting certain dates in this matter.

NOW, THEREFORE, the parties stipulate and agree, and that the court may issue an order in the form which follows:

1. The parties' Pre-Trial Statements are now due on September 25, 2009;

2. The Pre-Trial Conference currently scheduled to take place on Monday, September 21, 2009, at 11:00 a.m. in Department 3, is hereby converted to a Status Conference. Counsel are permitted to attend by phone, and shall coordinate the conference call. Should this matter still be proceeding to trial as of the September 21, 2009, Status Conference, (meaning Crown has not yet filed for bankruptcy protection) a new Pre Trial Conference date will be set by the court at that time.

3. The trial date and all other calendar dates in this matter remain unchanged.

IT IS SO STIPULATED:

Dated: September 16, 2009

ORDER

1. The parties' Pre-Trial Statements are now due on September 25, 2009;

2. The Pre-Trial Conference currently scheduled to take place on Monday, September 21, 2009, at 11:00 a.m. in Department 3, is hereby converted to a Status Conference. Counsel are permitted to attend by phone, and shall coordinate the conference call. Should this matter still be proceeding to trial as of the September 21, 2009, Status Conference, (meaning Crown has not yet filed for bankruptcy protection) a new Pre Trial Conference date will be set by the court at that time.

3. The trial date and all other calendar dates in this matter remain unchanged.

OLIVER W. WANGER Judge of the United States District Court

20090917

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