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Lansmont Corporation v. Spx Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN JOSE DIVISION)


March 9, 2011

LANSMONT CORPORATION,
PLAINTIFF,
v.
SPX CORPORATION, A DELAWARE
CORPORATION; SPECTRIS, PLC, A PRIVATE CORPORATION'S PENDING LIMITED COMPANY; BREEL & KJAER, A MOTIONS; CORPORATION; AND HBM, INC., A CORPORATION,
DEFENDANTS.

The opinion of the court was delivered by: The Honorable Jeremy Fogel United States District Judge

1. HEARING ON DEFENDANT SPX

2. INITIAL CASE MANAGEMENT CONFERENCE; AND

STIPULATION AND [PROPOSED] ORDER CONTINUING: 3. RELATED DEADLINES

[Civil Local Rules 6-2 and 7-12]

Courtroom 3, 5th Floor

Arbitration and Stay Action (Docket No. 18) currently set for April 22, 2011 at 9:00 a.m. be 4 continued to April 29, 2011 at 9:00 a.m., and that all related deadlines be continued accordingly. 5

("CMC") in this action to April 29, 2011 at 10:30 a.m., and continue all related deadlines 7 accordingly. 8

Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Lansmont Corporation

("Lansmont"), Defendant SPX Corporation ("SPX"), and Defendant HBM, Inc. ("HBM"), the only parties to have appeared thus far in this action, stipulate and request as follows:

1. WHEREAS, on February 18, 2011, SPX filed a Motion to Dismiss (Docket

No. 16) and a Motion to Compel Arbitration and Stay Action (Docket No. 18) (collectively,

"SPX's Motions"), setting the hearing for both motions for April 22, 2011 at 9:00 a.m.;

2. WHEREAS, on February 22, 2011, following reassignment of this action to the Honorable Jeremy Fogel, this Court issued a Clerk's Notice setting the CMC in this action for March 25, 2011 at 10:30 a.m. (Docket No. 22);

3. WHEREAS, with respect to Civil L.R. 6-2(a)(1), the parties have conferred regarding particular reasons continuances of the hearing on SPX's Motions and of the CMC are mutually-agreeable, including: a) lead trial counsel for SPX Philip F. Atkins-Pattenson and lead trial counsel for HBM Rollin Ransom are both unavailable on the current CMC date of March 25, 2011; b) counsel for Lansmont have now determined they are unavailable for the April 22, 2011 hearing on SPX's Motions; and c) efficiency may be gained by holding the hearing on SPX's Motions and the CMC on the same date;

4. WHEREAS, with respect to Civil L.R. 6-2(a)(2), the previous time modifications in this action include: a) a stipulation between Lansmont and HBM extending HBM's deadline to respond to the Complaint (Docket No. 15); b) SPX's re-setting of the hearing The following stipulation requests that the hearing on Defendant SPX Corporation's pending Motion to Dismiss (Docket No. 16) and on its Motion to Compel It also requests that the Court continue the March 25, 2011 Initial Case Management Conference 6

STIPULATION

date on SPX's Motions from March 15, 2011 to April 22, 2011 after this action was reassigned to 2 the Honorable Jeremy Fogel (Docket Nos. 16 and 18); and c) the previous re-setting of the CMC 3 by the Clerk from March 22, 2011 to March 25, 2011 after this action was reassigned (Docket No. 4 22); and 5

5. WHEREAS, with respect to Civil L.R. 6-2(a)(3), a one-week continuance of the hearing on SPX's Motions and related deadlines and an approximately one-month 7 continuance of the CMC and related deadlines will not at this early stage have a significant effect 8 on the overall schedule for this case; 9

NOW, THEREFORE, IT IS HEREBY STIPULATED AND REQUESTED that the Court continue the current April 22, 2011 hearing on SPX's Motions (Docket Nos. 16 and 18) to April 29, 2011 at 9:00 a.m. and further continue the March 25, 2011 CMC in this action to April 9:00

, and continue all related deadlines accordingly.

E-FILING ATTESTATION

By his signature below, and pursuant to General Order 45, counsel for SPX attests

that counsel for all parties whose electronic signatures appear below have concurred in the filing 17 17 of this Stipulation. 18 18 19

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: 3/21/11 26 26

The Honorable Jeremy Fogel United States District Court Judge

20110309

© 1992-2011 VersusLaw Inc.



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