UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
November 3, 2010
DIGITAL SUN, A CALIFORNIA CORPORATION, PLAINTIFF,
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 thereafter as this matter may be heard;
3. That all other deadlines listed in the October 8 Order be continued accordingly; and
4. That during this extension, any extension or claims that Toro may have are tolled.
IT IS SO STIPULATED.
Dated: November 2, 2010
BERGESON, LLP Melinda M. Morton Of Counsel: Matthew L. Woods, Esq. William H. Manning, Esq. ROBINS, KAPLAN, MILLER & CIRESI LLP Attorneys for Defendant THE TORO COMPANY
In accordance with General Order No. 45, Rule X, the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below.
BLECHER & COLLINS, P.C. Maxwell M. Blecher Harold R. Collins, Jr. Attorneys for Plaintiff DIGITAL SUN
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Honorable Lucy H. Koh UNITED STATES DISTRICT JUDGE
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