September 20, 2013
IMPEVA LABS, INC., Plaintiff,
SYSTEM PLANNING CORPORATION, SYSTEM PLANNING CORPORATION D/B/A GLOBALTRAK, AND RICHARD C. MEYERS Defendants.
LEWIS BRISBOIS BISGAARD & SMITH LLP, DANIEL C. DECARLO, SB# 160307 THOMAS S. KIDDE, S13# 61717 JOSHUA S. 1-10DAS, SB#250802 Los Angeles, California, Attorneys for Defendants System Planning, Corporation, System Planning Corporation d/b/al GlobalTrak, and Richard C. Meyers.
MICHAEL E. DERGOSITS, IGOR SHOIKET, DERGOSITS & NOAH LLP, Michael E. Dergosits, Attorneys for Plaintiff Impeva Labs, Inc.
DANIEL C. DECARLO, THOMAS S. IODIDE, JOSHUA S. HODAS, LEWIS BRISBOIS BISGAARD & SMITH UP, Thomas S. Kiddd, Attorneys for Defendants System Planning, Corporation, System Planning Corporation d/b/a/ Globaltrak, and Richard C. Meyers.
ORDER GRANTING CONTINUANCE OF CASE MANAGEMENT CONFERENCE DUE TO PENDING SETTLEMENT OF ACTION
WILLIAM H. ORRICK, District Judge.
IT IS HEREBY STIPULATED by and between the parties hereto pursuant to Local Rule 7-12, and with the approval of this Court, that the date for the Case Management Conference be continued based upon the following:
WHEREAS, on or about January 25, 2013, the parties submitted their initial Joint Case Management Conference Report (Dkt. No. 50); and
WHEREAS, on January 28, 2013, the Court entered its Case Management Order (Dkt. No. SI); and
WHEREAS, on June 27, 2013 the matter was re-assigned to Judge Witham H. Orrick (Dkt. No. 63); and
WHEREAS, on July 15, 2013, on Order of the Court, the parties filed a Joint Case Management Statement (Dkt. No. 64); and
WHEREAS, on August 26, 2013 the parties engaged in a mediation with mediator Pamela Phillips concerning the instant action and the Adversary Proceeding filed by Plaintiff in the United States Bankruptcy Court, Case No. 13-05058 - ASW; and
WHEREAS, on September 4, 2013, the Court scheduled a Case Management Conference for October 8, 2013, and allowed any supplemental Case Management Conference report to be filed October 1, 2013 (Dkt. 67); and
WHEREAS, on September 13, 2013, the parties to the instant action and the Adversary Proceeding executed a settlement agreement resolving this action and the Adversary Proceeding; and
WHEREAS, the Bankruptcy Court must approve the resolution of the Adversary Proceeding and a motion seeking approval of the settlement has been filed and is scheduled to be heard on October 4, 2013.
ACCORDINGLY, the parties respectfully request that the Case Management Conference be continued from October 8, 2013 to November 19, 2013, or any date thereafter at the Court's discretion, so as to allow for the hearing of the motion before the Bankruptcy Court, and if approved, fulfillment of all of the terms of the settlement agreement so that a dismissal under F.R.C.P., Rule 41 may be filed herein.
IT IS SO STIPULATED.
GOOD CAUSE APPEARING, IT IS ORDERED that the Case Management Conference be continued to November 19, 2013 and any supplemental Case Management Report be filed no later than seven (7) days prior thereto.