Opinion
Case No.: C11-02481 EDL
11-07-2011
FEDERAL EXPRESS CORPORATION, Plaintiff, v. HEALTHYPETS.COM and DOES 1 THROUGH 10, inclusive, Defendant.
David R. Shane, SBN 109890 Robert J. Taitz, SBN 168334 SHANE & TAITZ Attorneys for Plaintiff FEDERAL EXPRESS CORPORATION Geoffrey W. Steele, Esq. SBN 219576 NEVIN, RAMOS & STEELE Attorneys for Defendant HEALTHYPETS.COM
David R. Shane, SBN 109890
Robert J. Taitz, SBN 168334
SHANE & TAITZ
Attorneys for Plaintiff FEDERAL EXPRESS CORPORATION
Geoffrey W. Steele, Esq. SBN 219576
NEVIN, RAMOS & STEELE
Attorneys for Defendant HEALTHYPETS.COM
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
Plaintiff Federal Express Corporation ("Plaintiff") and Defendant HealthyPets.com ("Defendant") (jointly, the "Parties"), by and through their undersigned counsel, hereby enter into the following stipulation:
WHEREAS, pursuant to the Court's August 29, 2011 Notice of Setting Case Management Conference ("CMC Notice") and Rule 26 of the Federal Rules of Civil Procedure, there is a Case Management Conference scheduled for November 8, 2011 at 10:00 a.m.;
WHEREAS, the parties have engaged in extensive settlement negotiations and stipulate that they have reached a settlement agreement of this matter;
WHEREAS, to allow sufficient time for the parties to finalize settlement of this case, the Parties desire to continue the case management deadlines and hearing set forth in the Court's CMC Notice for approximately 30 days;
NOW, THEREFORE, the Parties hereby stipulate to a request that the Case Management Conference currently set for November 8, 2011, be vacated and that the parties have thirty days to file a Request for Dismissal of the case. If the settlement is not completed the parties stipulate that they will provide notice to the Court within 30 days of said development.
IT IS SO STIPULATED
NEVIN, RAMOS & STEELE
Geoffrey W. Steele
Attorneys for HEALTHYPETS.COM. SHANE & TAITZ
David R. Shane
Attorney for Plaintiff FEDERAL EXPRESS CORPORATION IT IS SO ORDERED.
(1) The Case Management Conference currently scheduled for November 8, 201 is continued to December 6, 2011 at 3:00 p.m.
The parties shall either file a dismissal of the case or shall notify the court that the case did not settle within thirty days of date of this Order.
The Honorable Elizabeth D. Laporte
United States Magistrate Judge