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Yes To, Ltd. and Yes To, Inc. v. Uri Ben Hur

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


January 6, 2011

YES TO, LTD. AND YES TO, INC. YES TO, LTD., AN ISRAELI CORPORATION,
AND YES TO, INC., AN ILLINOIS CORPORATION,AND YES TO, INC., A DELAWARE CORPORATION,
PLAINTIFFS,
v.
URI BEN HUR, AN INDIVIDUAL, AND THE SEVENTH MILLENIUM, LTD., AN NO HEARING REQUESTED ISRAELI CORPORATION,
DEFENDANTS.

The opinion of the court was delivered by: Judge: Honorable Ronald M. Whyte

Micha "Mitch" Danzig (SBN 177923) mdanzig@mintz.com Susie S. Yoo (SBN 243630) ssyoo@mintz.com MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO P.C. 3580 Carmel Mountain Road, Suite 300 San Diego, CA 92130 Telephone: (858) 314-1500 Facsimile: (858) 314-1501

E-FILED - 1/6/11

Action Filed: April 9, 2010

Trial Date: Not Set Courtroom: 6

STIPULATION TO CONTINUE DATES RELATED TO PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT & ORDER

Pursuant to Local Rule 6-1 and the agreement of the parties herein, plaintiffs and defendants have agreed, subject to Court approval, to continue all dates related to plaintiffs' pending motion for default judgment by one week in this action because should the Court grant defendants' motion to set aside entry of default -- scheduled to be heard this Friday, January 7, 2011 -- plaintiffs' motion for default judgment will be rendered moot. The parties request the entry of an order in substantially the form attached hereto as Exhibit A.

WHEREAS defendants' have filed a motion to set aside entry of default scheduled to be heard by the Court this Friday, January 7, 2011;

WHEREAS plaintiffs' motion for default judgment is scheduled to be heard on January 28, 2011 and defendants' opposition to that motion is due January 7, 2011;

WHEREAS should the Court grant defendants' motion to set aside entry of default judgment, plaintiffs' motion for default judgment will be rendered moot;

WHEREAS, should the parties be forced to brief plaintiffs' motion for default judgment but the Court grants defendants' motion to set aside entry of default on January 7, 2011, it would result in an unreasonable waste of the parties' and the Court's resources;

THEREFORE IT IS HEREBY STIPULATED by and between the parties, through their respective counsel, that the deadlines related to the motion for default judgment be extended by one week as follows:

(a) The deadline for defendants' opposition to plaintiffs' motion for default judgment, currently set for January 7, 2011, shall be continued to January 14, 2011;

(b) The deadline for plaintiffs' reply in support of its motion for default judgment, currently set for January 14, 2011, shall be continued to January 21, 2011;

(c) The hearing date for plaintiffs' motion for default judgment, currently set for January 28, 2011, shall be continued to February 4, 2011.

Dated: January 4, 2011 Respectfully submitted,

MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C.

Susie S. Yoo Micha "Mitch" Danzig Susie S. Yoo Attorneys for Defendants URI BEN HUR and THE SEVENTH MILLENNIUM, LTD. . COOLEY LLP PATRICK P. GUNN CHARLES M. SCHAIBLE Charles M. Schaible Charles M. Schaible Attorneys for Plaintiffs YES TO, LTD. and YES TO, INC. 5278854v1 Exhibit A

ORDER

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No.: C10 1541 RMW PVT

ORDER ON THEand PARTIES' STIPULATION TO YES TO, INC., a Delaware corporation, CONTINUE DATES RELATED TO PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT

YES TO, LTD., an Israeli corporation, and YES TO, INC., an Illinois corporation, Plaintiffs, v. URI BEN HUR, an individual, and THE SEVENTH MILLENIUM, LTD., an No hearing requested Israeli corporation, Defendants.

Courtroom: 6

Judge: Honorable Ronald M. Whyte

Action Filed: April 9, 2010 Trial Date: Not Set

The parties' stipulation to continue by one week all dates related to plaintiffs' motion for default judgment in the above-captioned case has come before the Court pursuant to Local Rule 6-1 and the agreement of the parties herein. The Court, having read and considered the stipulation, and having found good cause shown to continue dates related to plaintiffs' motion for default judgment considering defendants' motion to set aside entry of default will be heard this Friday, January 7, 2011:

NOW, THEREFORE, ORDERS THAT:

1. The stipulation is approved in all respects.

2. The deadline for defendants' opposition to plaintiffs' motion for default judgment, currently set for January 7, 2011, shall be continued to January 14, 2011;

3. The deadline for plaintiffs' reply in support of its motion for default judgment, currently set for January 14, 2011, shall be continued to January 21,2011;

4. The hearing date for plaintiffs' motion for default judgment, currently set for January 28, 2011, shall be continued to February 4, 2011.

IT IS SO ORDERED.

The Honorable Ronald M. Whyte United States District Court Judge

20110106

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