The opinion of the court was delivered by: Judge: Hon. Howard R. Lloyd
*E-FILED: April 19, 2012*
JOINT STIPULATION AND REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE UNTIL AFTER MEDIATION; [PROPOSED] ORDER [Re: Docket No. 12]
Date: May 1, 2012 Time: 1:30 p.m.
Action Filed: January 20, 2012 Trial Date: Not Set
Pursuant to Northern District Local Rule 16-2(d) and (e) and Rule 7-12, Plaintiff Ooyala, Inc. ("Plaintiff"), and Defendant Brand Technologies, Inc. ("Defendant"), through their respective 3 counsel, respectfully submit this joint stipulation and request for continuance of the May 1, 2012 Case Management Conference, based on the following:. 5 7 to mediate their dispute before a mutually agreeable Court Neutral from the Court's panel or a 8
1. The parties have met and conferred pursuant to ADR L.R. 3-5(a) and have agreed Court Neutral appointed by the Court. Further, the parties have agreed to conduct the mediation 9 on one of the following dates: June 24, 25, 26, 27, or July 10, 11, 2012.
2. On April 11, 2012, Defendant filed its ADR Certification as required under ADR L.R. 3-5(b).
3. On April 12, 2011, Plaintiff filed its ADR Certification as required under ADR L.R. 3-5(b).
4. On April 16, 2012, the parties filed a Stipulation and (Proposed) Order Selecting ADR Process, whereby they agreed to mediate their dispute before a mediator. 16 16
5. Also on April 16, 2012, the parties filed their Consent To Proceed Before United States Magistrate Judge Howard R. Lloyd. 18 18 19 19 place on May 1, 2012 at 1:30 p.m. before Magistrate Judge Lloyd. 20 20 21 21 upcoming mediation. Further, pending the Court's approval, in the interest of saving time, 22 22 expense and the Court's resources, the parties believe that a brief continuance of the Initial Case 23 23 Management Conference and associated deadlines, including Rule 26(a) and (f) disclosures and 24 24 conferences, would be beneficial to the parties' efforts to mediate this matter by July 14, 2012 in 25 25 San Jose, California. This is particularly important for Defendant since: (i) it is an Ohio 26 26 corporation with its principle place of business in Toledo, Ohio, and its authorized corporate 27 27 officer will be traveling to the mediation from Ohio; and (2) Defendant's lead counsel is based in 28 28 Los Angeles County and will be traveling from Los Angeles County to the mediation.
6. The Initial Case Management Conference in this matter is presently set to take
7. The parties have agreed that formal discovery is not necessary in advance of the Plaintiff and Defendant therefore respectfully request that the Court grant a continuance of 2 the May 1, 2012 Case Management Conference to July 24, 2012 or any date thereafter that is 3 convenient ...