UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 17, 2012
CYTOSPORT, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
PROCLAIM NUTRITION, LLC, A NEVADA LIMITED LIABILITY COMPANY,
The opinion of the court was delivered by: United States District Judge Garland E. Burrell, Jr.
SECOND APPLICATION TO CONTINUE PRETRIAL SCHEDULING CONFERENCE; [PROPOSED] ORDER CONTINUING PRETRIAL SCHEDULING CONFERENCE DATE: January 30, 2012 TIME: 9:00 a.m. CTRM.: 10
By minute order dated September 1, 2011 [Doc. 9], this matter was set for a Pretrial Scheduling Conference ("PSC") to be heard on November 14, 2011 at 9:00 a.m. On October 28, 2011, Plaintiff CytoSport, Inc. ("Plaintiff") applied to continue the PSC [Doc. 12]. The application 5 was granted by order of this court entered November 2, 2011 [Doc. 13], and the PSC was continued 6 to January 30, 2012. By way of this second application, Plaintiff now seeks an additional 60-day 7 extension of the PSC for the reasons set forth below.
Immediately after this action was filed, Defendant Proclaim Nutrition, LLC ("Defendant") 9 was contacted regarding potential settlement of the action. A settlement dialogue ensued, and has continued in earnest since the initial contact was made. Those discussions have matured to the point where a settlement agreement has been drafted by Plaintiff's counsel and will soon be submitted to Defendant for review and consideration. We are hopeful that the matter will be resolved without the necessity of an 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 60-day postponement of the PSC, and respectfully request that the Court order that the PSC be continued for approximately 60 days. We are hopeful that a voluntary dismissal will precede the PSC date.
DATED: January 16, 2012 MILLSTONE, PETERSON & WATTS, LLP Attorneys at Law By: /s/ Glenn W. Peterson GLENN W. PETERSON Attorneys for Plaintiff CytoSport, Inc.
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.
MILLSTONE PETERSON & WATTS, LLP
/s/ Glenn W. Peterson
Based upon the foregoing application, the Pretrial Scheduling Conference in this matter is 3 continued to March 26, 2012, at 9:00 a.m. A Joint Status Report shall be filed no later than fourteen 4 (14) days prior to the conference date.
GARLAND E. BURRELL, JR. United States District Judge
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