Opinion
NO. 1:12-cv-01183 AWI MJS
01-19-2013
VALLEY EXPRESS, INC., Plaintiff, v. EXEL INC., Defendant.
DARRYL J. HOROWITT #100898
SHERYL D. NOEL #172551 COLEMAN & HOROWITT, LLP Attorneys at Law
499 West Shaw, Suite 116
Fresno, California 93704 Telephone: (559) 248-4820
Facsimile: (559) 248-4830
Attorneys for Plaintiff,
VALLEY EXPRESS, INC.
ORDER CONTINUING HEARING
FOR WRIT OF ATTACHMENT AND
MOTION TO STAY LITIGATION,
AND RELATED DEADLINES
Complaint Filed: July 19, 2012
Trial Date: None
The Court has reviewed the ex parte application of Plaintiff, VALLEY EXPRESS, INC., to continue the hearing date for Plaintiff's writ of attachment and motion to stay litigation and all related deadlines. On the basis thereof, the Court finds good cause to grant the application subject to the following: This matter was continued once before to enable the parties to explore settlement. From the instant application, it appears that substantive discussions of settlement were delayed approximately two months and not undertaken until shortly before expiration of extended deadlines. To avoid the necessity of yet another application for extension of time, the parties shall resume substantive negotiations forthwith, and in no event later than twenty one days from the date of this order and ensure such negotiations are fully explored and completed before March 29, 2013.
The new hearing date and deadlines are as follows:
1. The parties shall resume substantive settlement negotiations not later than twenty one days from the date of this Order.
2. .EXEL INC.'s response to VALLEY EXPRESS, INC.'s complaint is now due on March 29, 2013.
3. Hearing on Plaintiff's application for writ of attachment and motion to stay litigation is rescheduled to April 19, 2013, at 1:30 p.m., in Fresno Courtroom 6.
4. Meet and Confer is rescheduled to April 26, 2013.
5. Joint Scheduling Conference Statement is due May 10, 2013.
6. Initial Scheduling Conference is set for May 17, 2013, at 10:00 a.m., in Fresno Courtroom 6.
7. Absent presently unanticiated and presently unanticipatable circumstances and good cause, no further such continuances will be granted. IT IS SO ORDERED.
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE