Opinion
CASE NO. C11-04487HRL
10-31-2011
AREAS USA SJC, LLC, a California limited liability company, Plaintiff, v. MISSION SAN JOSE AIRPORT, LLC, a Colorado limited liability corporation; and MISSION YOGURT, INC., a Colorado corporation, Defendants.
GREENBERG TRAURIG, LLP SCOTT D. BERTZYK Attorneys for Plaintiff AREAS USA SJC, LLC HOLME ROBERTS & OWEN, LLP Daniel Rockey Attorneys for Defendants MISSION SAN JOSE AIRPORT, LLC and MISSION YOGURT, INC.
SCOTT D. BERTZYK (SBN 050289)
GREENBERG TRAURIG, LLP
Attorneys for Plaintiff, AREAS USA SJC, LLC
DANIEL ROCKEY (SBN 178604)
HOLME ROBERTS & OWEN, LLP
Attorneys for Defendants, MISSION SAN JOSE
AIRPORT, LLC, AND MISSION YOGURT,
INC.
JOINT STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME FOR INITIAL
DISCLOSURES AND RULE 26(f) REPORTS
AND RESETTING THE INITIAL CASE
MANAGEMENT CONFERENCE
Complaint Filed: September 9, 2011
Plaintiff Areas USA SJC, LLC ("Areas USA") and Defendants Mission San Jose Airport, LLC and Mission Yogurt, Inc. (collectively, "Mission"), by and through their counsel of record, hereby stipulate to the following brief extensions of time for initial disclosures, Rule 26(f) reports, joint case management statement, and initial case management conference, and respectfully request that the Court enter the proposed order attached hereto to approve their stipulation.
STIPULATION
This stipulation is entered into with respect to the following facts:
1. This action was commenced on September 9, 2011, and assigned to the Hon. Magistrate Judge Howard R. Lloyd. That same day, an order was entered setting an October 18, 2011, deadline for meeting and conferring re initial disclosures, early settlement, ADR process selection, and discovery plan. The order also set a November 1, 2011, deadline for filing Rule 26(f) reports, initial disclosures, and the joint case management statement.
2. Areas USA promptly served both Mission Defendants. To facilitate settlement talks between principals for the parties, Mission requested an extension of time to answer the complaint to October 26, 2011, which was granted.
3. The parties have begun the process of meeting and conferring regarding their initial disclosures and other obligations.
4. Mission's answer will affect the scope of the issues in the action, and hence, the various matters over which the parties must meet and confer. Additionally, because certain of the documents required for Areas USA to complete its initial disclosures are stored in Spain, Areas USA requires additional time to gather all the relevant documents and communications necessary to satisfy its initial disclosure obligations.
In light of the foregoing, the parties request that the honorable Court enter an order approving their stipulation to the following:
A. All deadlines previously set for completion by October 18, 2011, and November 1, 2011, be continued to November 18, 2011.
B. The initial case management conference be continued from the currently scheduled date of November 8, 2011, to such date after November 18, 2011, consistent with the Court's calendar, as the Court may deem appropriate.
IT IS SO STIPULATED.
GREENBERG TRAURIG, LLP
SCOTT D. BERTZYK
Attorneys for Plaintiff
AREAS USA SJC, LLC
HOLME ROBERTS & OWEN, LLP
Daniel Rockey
Attorneys for Defendants
MISSION SAN JOSE AIRPORT, LLC and
MISSION YOGURT, INC.
ORDER
Based upon the foregoing, and good cause appearing therefor, IT IS HEREBY ORDERED that:
A. All deadlines previously set for completion by October 18, 2011, and November 1, 2011, are continued to November 18, 2011.
B. The initial case management conference is hereby continued from the currently November 22, 2011 at l:30p.m.
Magistrate Howard R. Lloyd