The opinion of the court was delivered by: The Honorable Edward J. Davila United States District Judge
[COUNSEL LISTED ON SIGNATURE PAGES]
STIPULATION AND [PROPOSED] ORDER CONTINUING: DEADLINE TO COMPLETE EARLY NEUTRAL EVALUATION PROGRAM SESSION [ADR Local Rule 5-5 and Civil Local Rule 7-12]
The following stipulation requests that the deadline for the parties to complete an Early Neutral Evaluation ("ENE") Program session, currently set for September 28, 2011, be 3 continued to October 17, 2011and that all related deadlines be continued accordingly. 4
Pursuant to ADR Local Rule 5-5 and Civil Local Rule 7-12, Plaintiff Lansmont Corporation ("Lansmont") and Defendant SPX Corporation ("SPX"), the only parties remaining in this action, stipulate and request as follows:
1. WHEREAS, on June 30, 2011, the Court issued an Order Referring Case to Early Neutral Evaluation, (Docket No. 52) ordering that the parties attend an ENE session within 90 days of the Order, which deadline would expire on September 28, 2011;
2. WHEREAS, on July 26, 2011, the Clerk of Court issued a Notice of
Appointment of Evaluator, appointing John L. Cooper as the Evaluator for this case (Docket No. 56);
3. WHEREAS, on September 8, 2011, the parties and the Evaluator agreed upon a date of October 17, 2011 at 9:00 a.m. for the ENE session, which agreement followed after their August 30, 2011 ADR Local Rule 5-7 scheduling conference;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND REQUESTED that the Court continue the current September 28, 2011 deadline to hold an Early Neutral Evaluation session to October 17, 2011,and continue all related deadlines accordingly.
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 4 of this Stipulation.
PEARSON SIMON WARSHAW & PENNY LLP 7 By: /s/ William J. Newsom Bruce L. Simon William J. Newsom Catherine M. Lee 44 Montgomery Street , Suite 2450 San Francisco, CA 94104 Telephone: 415-433-9000 Facsimile: 415-433-9008 email@example.com firstname.lastname@example.org Attorneys for Plaintiff LANSMONT CORPORATION Dated: September 12, 2011 SHEPPARD MULLIN RICHTER & HAMPTON LLP By: /s/ Nathaniel Bruno Philip F. Atkins-Pattenson Nathaniel Bruno Four Embarcadero Center, 17th Floor San Francisco, CA 94111-4106 Telephone: ...