The opinion of the court was delivered by: Judge Oliver W. Wanger
Date: October 5, 2009 (Pre-Trial Conf.)
STIPULATION AND ORDER TO: 1) CONVERT PRE TRIAL CONFERENCE TO STATUS CONFERENCE; 2) PERMIT LATER FILING OF JOINT PRE TRIAL STATEMENTS AND RELATED CROSS-CLAIM.
Plaintiff and Counterclaim Defendant Global Ampersand, LLC ("Global"), and Defendant and Counterclaimant Crown Engineering and Construction, Inc. ("Crown") hereby stipulate and agree as follows:
WHEREAS, the parties' Joint Pre Trial Statement(s) are due to be filed today;
WHEREAS, a Pre Trial Conference is scheduled to be heard before the Honorable Oliver Wanger on Monday, October 5, 2009 at 11:00 a.m.;
WHEREAS, Trial is presently set for October 14, 2009;
WHEREAS, Counsel for Crown has informed Counsel for Global that Crown will not be attending the trial in this matter, but will be filing for bankruptcy protection in advance of the trial if the matter is not otherwise settled. The parties to this Stipulation in fact hope to have this matter settled prior to the Pre Trial Conference (and are optimistic they will be in a position to file a Notice of Settlement with the court before then);
NOW, THEREFORE, the parties stipulate and agree, in recognition of the court's already full calendar, that the court may issue an order in the form which follows:
1. The parties' Pre-Trial Statements are no longer due October 2, 2009;
2. The Pre-Trial Conference currently scheduled to take place on Monday, October 5, 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 not have settled by the October 5, 2009, Status Conference, a new date will then be set for the submission of Pre Trial Statements and a new date will be set for the Pre Trial Conference.
3. The trial date and all other calendar dates in this matter ...