December 26, 2013
GLASSEY ET AL, Plaintiff(s),
SYMMETRICOM, INC., Defendant(s)
LEE TRAN LIANG & WANG LLP, Enoch H. Liang (SBN 212324), Heather F. Auyang (SBN 191776), Lisa J. Chin (SBN 259793), South San Francisco, CA, Attorneys for Defendant Symmetricom, Inc.
ROSS BABBITT CO LPA Ross Babbitt (pro hac vice) Cleveland, OH, MAHANY & ERTL, Brian Howard Mahany (pro hac vice), Milwaukee, WI, STEBURG LAW FIRM Anita L. Steburg, Bar No. 245933, San Jose, CA, Attorneys for Plaintiffs TODD S. GLASSEY and MICHAEL E. MCNEIL.
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND ADR DEADLINES PURSUANT TO L.R. 6-1(b)
NATHANAEL COUSINS, Magistrate Judge.
WHEREAS, on October 7, 3013, Todd S. Glassey and Michael F. McNeil ("Plaintiffs") filed the above-captioned complaint in this Court ("Complaint");
WHEREAS, on October 8, 2013, the Court issued an Order Setting Initial Case Management and ADR Deadlines setting the initial case management conference for January 8, 2014 at 10:00 AM (Dkt. No. 5);
WHEREAS, on October 31, 2013, Defendant Symmetricom, Inc. ("Symmetricom") and Plaintiffs (together, "the Parties") agreed that Symmetricom's answer or motion under Rule 12 must be filed by December 30, 2013;
WHEREAS, Symmetricom agreed to file a motion to dismiss all claims against it on or before December 30, 2013;
WHEREAS, on December 13, 2013, the Parties filed a Stipulation and Proposed Order to postpone the January 8, 2014 initial case management conference and a continuance of the ADR Deadlines (Dkt. No. 15) in view of Symmetricom's forthcoming motion to dismiss;
WHEREAS, on December 16, 2013, the Court entered an Order modifying the date of the initial case management conference to February 12, 2014 at 10:00 AM and granted a continuance of the ADR Deadlines (Dkt. No. 16);
WHEREAS, on or around December 20, 2013, Symmetricom retained new counsel from the firm of Lee Tran Liang & Wang LLP (Notices of Appearances filed concurrently with this Stipulation and Proposed Order);
WHEREAS, Symmetricom's new counsel requires an extension of time in order to review the case file;
WHEREAS, the Parties agree to a 30-day extension for Symmetricom to file a responsive pleading to the Complaint on or before January 29, 2014;
WHEREAS, the interests of judicial economy and efficiency would best be served by postponing the initial case management conference and ADR Deadlines until after the Court rules upon Symmetricom's forthcoming responsive pleading;
IT IS THEREFORE STIPULATED AND AGREED, by and among the Parties and their respective counsel of record, that:
1. Symetricom shall file its responsive pleading to the Complaint on or before January 29, 2014;
2. The initial case management conference in this matter currently scheduled for February 12, 2014 at 10:00 AM shall be continued until a date set by the Court;
3. All other deadlines set forth in the Court' Order Setting Initial Case Management Conference and ADR Deadlines be continued accordingly.
PURSUANT TO STIPULATION, IT IS SO ORDERED.