Opinion
Case No.: 2:11-CV-01147-WBS-DAD
08-04-2011
CYTOSPORT, INC., a California corporation, Plaintiff, v. MONSTER MUSCLE, INC., a New York business entity; and DOES 1-10, Defendants.
Peter M. de Jonge Jed H. Hansen THORPE NORTH & WESTERN, L.L.P. -and- MILLSTONE, PETERSON & WATTS, LLP Attorneys at Law By: GLENN W. PETERSON Attorneys for Plaintiff CytoSport, Inc.
Glenn W. Peterson, Esq. (SBN 126173)
MILLSTONE, PETERSON & WATTS, LLP
2267 Lava Ridge Court, Suite 210
Roseville, CA 95661
Telephone: (916) 780-8222
Fax No: (916) 780-8775
Peter M. de Jonge, Esq. (Utah SBN 7185)
Jed H. Hansen, Esq. (Utah SBN 10679)
THORPE NORTH & WESTERN, LLP
8180 South 700 East, Suite 350
Sandy, Utah 84070-0562
Telephone: (801) 566-6633
Facsimile: (801) 566-0750
Attorneys for Plaintiff
CytoSport, Inc.
APPLICATION TO CONTINUE JOINT SCHEDULING CONFERENCE;
ORDER CONTINUING JOINT SCHEDULING CONFERENCE
Senior United States District Judge
William B. Shubb
APPLICATION
By order dated April 28, 2011, this matter was set for an Initial Scheduling Conference to be heard on August 22, 2011 at 2:00 p.m.
Immediately after this action was filed, defendant was contacted through counsel. A settlement dialogue ensued, and has continued in earnest since the initial contact was made. Those discussions have matured to the point where a settlement agreement has been drafted by plaintiff's counsel and is under review and consideration by the defendant. We are hopeful that the matter will be resolved without the necessity of an appearance by defendant. While recognizing that we are in arrears of the court-ordered schedule for a Joint Status Report, we believe that these circumstances warrant a 60-day postponement of the Pretrial Scheduling Conference, and respectfully request that the Court order that the scheduling conference be continued for approximately 60 days. We are hopeful that a voluntary dismissal will precede the new conference date.
Peter M. de Jonge
Jed H. Hansen
THORPE NORTH & WESTERN, L.L.P.
-and
MILLSTONE, PETERSON & WATTS, LLP
Attorneys at Law
By: GLENN W. PETERSON
Attorneys for Plaintiff
CytoSport, Inc.
I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document.
MILLSTONE PETERSON & WATTS, LLP
Glenn W. Peterson
ORDER
Based upon the foregoing application, and good cause appearing, the Status (Pretrial Scheduling) Conference in this matter is continued to October 31, 2011, at 2:00 p.m. If joint scheduling remains an issue at that time, a joint scheduling report shall be filed no later than seven (7) days prior to the conference date.
SO ORDERED.
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE