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Cytosport, Inc., A California Corporation v. Proclaim Nutrition

November 1, 2011

CYTOSPORT, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
PROCLAIM NUTRITION, LLC, A NEVADA LIMITED LIABILITY COMPANY,
DEFENDANT.



The opinion of the court was delivered by: United States District Judge Garland E. Burrell, Jr.

Glenn W. Peterson, Esq. (SBN 126173) MILLSTONE, PETERSON & WATTS, LLP 2 2267 Lava Ridge Court, Suite 210 3 Roseville, CA 95661 Telephone: (916) 780-8222 4 Fax No: (916) 780-8775 5 Jed H. Hansen (SBN 10679) THORPE NORTH & WESTERN, L.L.P. 6 8180 South 700 East, Suite 350 7 Sandy, Utah 84070-0562 Telephone: (801) 566-6633 8 Facsimile: (801) 566-0750 9 Mark M. Bettilyon (SBN 4798) Samuel C. Straight (SBN 7638) RAY QUINNEY & NEBEKER, PC 36 South State Street, Suite 1400 Salt Lake City, Utah 84111 Telephone: (801) 532-1500 Fax No: (801) 532-7543 Attorneys for Plaintiff CytoSport, Inc.

APPLICATION TO CONTINUE JOINT SCHEDULING CONFERENCE; [PROPOSED] ORDER CONTINUING JOINT SCHEDULING CONFERENCE DATE: November 14, 2011 TIME: 9:00 a.m. CTRM.: 10

APPLICATION

By minute order dated September 1, 2011, this matter was set for an Initial Scheduling Conference to be heard on November 14, 2011 at 9:00 a.m. 4

Immediately after this action was filed, Defendant was contacted regarding potential 5 settlement of the action. A settlement dialogue ensued, and has continued in earnest since the initial 6 contact was made. Those discussions have matured to the point where a settlement agreement has 7 been drafted by Plaintiff's counsel and will soon be submitted to Defendant for review and 8 consideration. We are hopeful that the matter will be resolved without the necessity of an 9 appearance by Defendant. While recognizing that we are in arrears of the court-ordered schedule for a Joint Status Report, we believe that these circumstances warrant a 45-day postponement of the Pretrial Scheduling Conference, and respectfully request that the Court order that the scheduling conference be continued for approximately 45 days. We are hopeful that a voluntary dismissal will precede the new conference date.

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document.

ORDER

Based upon the foregoing application, and good cause appearing, the Status (Pretrial Scheduling) Conference in this matter is continued to January 30, 2012, at 9:00 a.m. A joint status 4 report shall be filed fourteen days prior to the hearing. 5

SO ORDERED.

GARLAND E. BURRELL, JR. United States District Judge

DEAC_Signature-END:

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20111101

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