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Jacque Ojadidi, Dba "Xmmicro" and "Xmicro v. Xm Satellite Radio

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


March 28, 2011

JACQUE OJADIDI, DBA "XMMICRO" AND "XMICRO," PLAINTIFF,
v.
XM SATELLITE RADIO, INC., A DELAWARE CMC
CORPORATION; AND DOES 1 THROUGH 50, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Hon. Elizabeth D. Laportea United States Magistrate Judge

David P. Morales, Esq., SBN 191229 1 THE MORALES LAW FIRM 560 S. Winchester Blvd., Suite 500 2 San Jose, CA 95128 Telephone: (408) 850-2101 3 Facsimile: (866) 406-6080 E-Mail: dmorales@IPCounselOnline.com 4 Attorneys for Plaintiff JACQUE OJADIDI, 5 dba "XMMICRO" and "XMICRO,"

Date: April 19, 2011Time: 10:00 AM

Ctrm.: E,

15th Floor 15

Before: Hon. M. J. Elizabeth D. Laporte

STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES AND [PROPOSED] ORDER

Pursuant to Civil Local Rule 6-2, Defendant SIRIUS XM RADIO INC. (formerly XM Satellite Radio, Inc.)("Sirius XM") and Plaintiff JACQUE OJADIDI ("Ojadidi") (collectively, 20 the "Parties"), by and through their respective counsel, hereby file this Stipulated Request to Continue the Case Management Conference and Related Deadlines ("Stipulated Request") by 22 approximately one (1) month. This Stipulated Request is based on the Declaration of David P. 23

Morales in Support of Stipulated Request to Continue Case Management Conference and 24

Related Deadlines ("Morales Decl."), on the facts and law included in this Stipulated Request 25 and the Court's file in this matter, and on such other evidence and law as the Court may receive.

STIPULATED REQUEST

TO THE HONORABLE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: WHEREAS, on or about January 26, 2011, Sirius XM agreed to accept service of process through its undersigned counsel, see Morales Decl. at ¶2; WHEREAS, on or about January 28, 2011, Ojadidi served his First Amended Complaint ("Complaint") on Sirius XM, see id. at ¶3; 8

WHEREAS, in order to facilitate the Parties' efforts to resolve this dispute informally, Ojadidi granted Sirius XM an extension of time to answer or otherwise respond to the Complaint 10 until March 19, 2011, see id. at ¶4; 11

WHEREAS, as the Parties' efforts continued, Ojadidi granted Sirius XM a further extension of time to answer or otherwise respond to the Complaint until March 28, 2011, see id. 13 at ¶5; 14

WHEREAS, the Court's January 11, 2011 Scheduling Order set the following deadlines and Initial Case Management Conference date: fl March 29, 2011 as the parties' last day to meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan; to file ADR Certification signed by Parties and Counsel; and to file either Stipulation to ADR

Process or notice of Need for ADR Phone Conference; fl April 12, 2011 as the last day to file Rule 26(f) Report, complete Initial

Disclosures or state objection in Rule 26(f) Report and file Case Management Statement per attached Standing Order re Contents of Joint Case Management

Statement (also available at http://www.cand.uscourts.gov); and fl April 19, 2011 as the Initial Case Management Conference (CMC) in Ctrm E, 15th Floor, SF at 10:00 AM.

WHEREAS, it appears the parties have reached an agreement in principle resolving this dispute, the Parties need additional time to finalize their agreement, and the Parties wish to minimize unnecessary expense to the Court and themselves, see id. at ¶6;

NOW, THEREFORE, the Parties hereby respectfully request that the Court grant the Parties approximately one (1) month to complete their efforts to resolve this dispute informally, 3 and that the Court amend its Scheduling Order deadlines and Initial Case Management 4

Conference Date as follows: 5

fl May 3, 2011 as the parties' last day to meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan; to file ADR Certification signed by Parties and Counsel; and to file either Stipulation to ADR Process or notice of Need for ADR Phone Conference; fl May 17, 2011 as the last day to file Rule 26(f) Report, complete Initial

Disclosures or state objection in Rule 26(f) Report and file Case Management Statement per attached Standing Order re Contents of Joint Case Management

Statement (also available at http://www.cand.uscourts.gov); and fl May 24, 2011 as the Initial Case Management Conference (CMC) in Ctrm E, 15th Floor, SF at 10:00 AM.

Or until the Court's soonest available dates thereafter.

IT IS SO STIPULATED.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

ES DIST T RI T

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S O D U

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Date:

N U

N N Elizabeth D. Laporte R

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O Judge O

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F C N DIS O

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20110328

© 1992-2011 VersusLaw Inc.



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