Opinion
Case No. 3:12-CV-00594 SC
03-18-2013
BRILLIANT COLORS DIGITAL, PTE. LTD., Plaintiff, v. CENTURION ART DEVELOPMENT, LLC; RUSSELL DWAYNE MASON; and LEON GUOLIANG WANG Defendants.
JEFFREY T. MAKOFF (SBN 120004) HEATHER A. LANDIS (SBN 267615) MARIO R. NICHOLAS (SBN 273122) VALLE MAKOFF LLP Attorneys for Plaintiff Brilliant Colors Digital, Pte. Ltd. RUSSAKOW / GREENE & TAN, LLP Lisa Tan Attorneys for Defendants Attorneys for Defendants, CENTURION ART DEVELOPMENT, LLC, RUSSELL DWAYNE MASON, and LEON WANG
JEFFREY T. MAKOFF (SBN 120004)
HEATHER A. LANDIS (SBN 267615)
MARIO R. NICHOLAS (SBN 273122)
VALLE MAKOFF LLP
Attorneys for Plaintiff
Brilliant Colors Digital, Pte. Ltd.
STIPULATION AND
[PROPOSED] ORDER TO
VACATE PRE-TRIAL AND
TRIAL DATES AND SET
FURTHER CASE
MANAGEMENT CONFERENCE
Complaint Filed: 02/06/2012
FAC Filed: 03/01/2012
Trial Date: 04/15/2013
Plaintiff Brilliant Colors Digital, Pte. Ltd. ("plaintiff") and defendants Centurion Art Development, LLC ("Centurion"), Leon Wang ("Wang") and Russell Dwayne Mason ("Mason") (Centurion, Wang and Mason, collectively, "defendants"), through their counsel of record, hereby submit this stipulation to vacate the pre-trial and trial dates set forth in the Court's Status Conference Order filed on July 27, 2012 and Clerk's Notice filed on January 8, 2013 and request a further Case Management Conference to reset those dates.
STIPULATION
WHEREAS, the parties previously submitted a Case Management Statement and participated in a Case Management Conference on July 27, 2012, setting forth pre-trial and trial dates;
WHEREAS, on July 27, 2012 this Court issued a Status Conference Order, setting forth pre-trial and trial dates;
WHEREAS, on January 8, 2013 this Court issued a Clerk's Notice, rescheduling the pre-trial conference from April 12, 2013 to April 10, 2013;
WHEREAS, defendants Centurion and Mason intend to file for bankruptcy on or around March 20, 2013;
WHEREAS, defendant Wang is believed to be in China and is not responding to his attorney's communications regarding the upcoming trial date and pending bankruptcy;
WHEREAS, the parties do not want to expend unnecessary resources in trial preparation given the pending bankruptcy of defendants Centurion and Mason and the unresponsiveness of defendant Wang;
WHEREAS, the parties agree to vacate the current dates and set new pre-trial and trial dates in light of the circumstances;
IT IS HEREBY STIPULATED by and between the parties hereto that the pre-trial and trial dates set forth in the Status Conference Order and Clerk's Notice will be vacated, and a further Case Management Conference will be set during which the parties will propose a new schedule of dates.
VALLE MAKOFF LLP
By:__________________
Heather A. Landis
Attorneys for Plaintiff
Brilliant Colors Digital, Pte. Ltd.
RUSSAKOW / GREENE & TAN, LLP
By:__________________
Lisa Tan
Attorneys for Defendants
Attorneys for Defendants, CENTURION
ART DEVELOPMENT, LLC, RUSSELL
DWAYNE MASON, and LEON WANG
ORDER
Good cause appearing therefor, PUSRUANT TO STIPULATION, IT IS SO ORDERED that the pre-trial and trial dates set forth in the Case Management Conference Scheduling Order and Clerk's Notice are hereby vacated, and a further Case Management Conference is set for April 26, 2013, at 10:00 a.m.
______________________
The Honorable Samuel Conti