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Livingston v. ART.Com, Inc.

United States District Court, N.D. California, San Francisco Division

February 24, 2014

PETE LIVINGSTON, Plaintiff,
v.
ART.COM, INC., CULTURENIK PUBLISHING, INC., and CLASSICO SAN FRANCISCO, INC., Defendants.

Simon J. Frankel (State Bar No. 171552), Matthew D. Kellogg (State Bar No. 280541), COVINGTON & BURLING LLP, San Francisco, CA, Attorneys for Defendants, ART.COM, INC. and CULTURENIK PUBLISHING, INC.

LAW OFFICES OF TESFAYE W. TSADIK, Tesfaye W. Tsadik, Attorney for Plaintiff, PETE LIVINGSTON.

STIPULATED REQUEST FOR ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE PURSUANT TO CIVIL L.R. 6-2

JACQUELINE SCOTT CORLEY, Magistrate Judge.

Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Pete Livingston, on the one hand, and Defendants Art.com, Inc. and Culturenik Publishing, Inc. (collectively, "Defendants"), on the other, stipulate as follows:

WHEREAS, on November 22, 2013, the Court issued an Order referring the parties for an Early Neutral Evaluation ("ENE") to occur within the next 90 days and scheduling the next Case Management Conference ("CMC") for March 6, 2014 (Dkt. No. 33);

WHEREAS, because of scheduling difficulties related to the holiday season, an ENE Evaluator was not appointed in this case until January 14, 2014 (Dkt. No. 36);

WHEREAS, on January 27, 2014, the appointed Evaluator withdrew from the case because of a newly discovered conflict, and the ADR Clerk appointed a new Evaluator on January 30, 2014 (Dkt. Nos. 37, 38);

WHEREAS, based on the parties' availability, the ENE Hearing has been scheduled for March 4, 2014, which is two days before the currently scheduled CMC on March 6, 2014 and five days after the parties would be required to file a Joint Case Management Statement pursuant to Civil L.R. 16-10(d);

NOW, THEREFORE, Plaintiff and Defendants jointly request that the Court enter an order moving the date of the next CMC to March 20, 2014. This change will not alter the date of any other event or deadline already fixed by Court order. Attached to this stipulation is the supporting declaration of Simon J. Frankel, as required by Civil L.R. 6-2(a).

IT IS SO STIPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DECLARATION OF SIMON J. FRANKEL IN SUPPORT OF STIPULATED REQUEST FOR ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE PURSUANT TO CIVIL L.R. 6-2

DECLARATION OF SIMON J. FRANKEL

1. I am an attorney in the law firm of Covington & Burling LLP, counsel for defendants Art.com, Inc. and Culturenik Publishing, Inc. The matters set forth herein are true and correct and of my own personal knowledge, and, if called as a witness, I could and would testify competently thereto.

2. On November 22, 2013, the Court issued an Order referring the parties for an Early Neutral Evaluation ("ENE") to occur within the next 90 days and scheduling the next Case Management Conference ("CMC") for March 6, 2014. (Dkt. No. 33.)

3. Because of scheduling difficulties related to the holiday season, an ENE Evaluator was not appointed in this case until January 14, 2014. (Dkt. No. 36.)

4. On January 27, 2014, the appointed Evaluator withdrew from this case because of a newly discovered conflict, and the ADR Clerk appointed a new Evaluator on January 30, 2014. (Dkt. Nos. 37, 38.)

5. Based on the parties' availability, the ENE Hearing has been scheduled for March 4, 2014, which is two days before the currently scheduled CMC on March 6, 2014 and five days after the parties would be required to file a Joint Case Management Statement pursuant to Civil L.R. 16-10(d).

6. Rescheduling the date of the next CMC to March 6, 2014 will not alter the date of any other event or deadline already fixed by Court order.

I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct.

Executed in San Francisco, California on February 14, 2014.


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