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Digital Sun v. Toro Co.

November 3, 2010

DIGITAL SUN, A CALIFORNIA CORPORATION, PLAINTIFF,
v.
THE TORO COMPANY, A DELAWARE CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Hon. Judge Lucy H. Koh

STIPULATION AND [PROPOSED] ORDER TO EXTEND DEFENDANT'S TIME TO RESPOND TO COMPLAINT

Complaint Filed: October 8, 2010

Trial Date: None set

WHEREAS the Court issued an Order Setting Initial Case Management Conference and ADR Deadlines on October 8, 2010 ("October 8 Order");

WHEREAS Defendant The Toro Company ("Toro") was served with the complaint on October 18, 2010, and a response to that complaint is due on November 3, 2010;

WHEREAS counsel for Toro was retained to represent Toro in this action on or about October 28, 2010;

WHEREAS no prior agreement to extend the time to respond to the complaint has been requested or ordered;

WHEREAS counsel for Toro identified an alternative-dispute-resolution provision that may control this case;

WHEREAS Plaintiff Digital Sun and Defendant Toro, by and through their respective attorneys have engaged in initial discussions in an attempt to resolve this matter; and

WHEREAS additional time is necessary within which to continue and conclude those discussions in the hope of resolving the dispute and avoiding additional expense;

And good cause existing therefore,

THE PARTIES HEREBY JOINTLY STIPULATE AND REQUEST, PURSUANT TO LOCAL RULE 6-2(a), AS FOLLOWS:

1. That Defendant Toro be granted an extension to January 5, 2011 to respond to the Complaint;

2. That the Initial Case Management Conference, currently scheduled for January 26, 2011, be continued to March 23, 2011 at 2:00 p.m., or as soon ...


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