Opinion
HAYNSWORTH, SINKLER BOYD, P.A., CHRISTOPHER B. MAJOR, ESQ. (Pro Hac Vice), BONNIE A. LYNCH, ESQ. (Pro Hac Vice), Greenville, SC.
DILLINGHAM & MURPHY, LLP, WILLIAM F. MURPHY, ESQ., TAYLOR F. FORD, ESQ., San Francisco, California., Attorneys for Plaintiff KENTWOOL COMPANY.
GATTEY LAW OFFICE, SCOTT GATTEY, Esq., San Carlos, CA., Attorneys for Defendant NETSUITE INC.
STIPULATION FOR AND [PROPOSED], ORDER EXTENDING TIME TO COMPLETE MEDIATION ADR Local Rule 6-5
JON S. TIGAR, District Judge.
Pursuant to Rule 6-5 of the ADR Local Rule for the United States District Court for the Northern District of California, Plaintiff KENTWOOL COMPANY ("Kentwool") and defendant NETSUITE INC. ("NetSuite"), by and through their counsel of record, hereby stipulate that the Court may enter an order extending the parties' time to complete mediation with the Court's ADR Unit from July 27, 2015 to August 20, 2015. Entering the requested order will not change or affect any other dates set by the Court in this action.
Pursuant to ADL Local Rule 6-5(b)(1), there is good cause for the entry of the requested order, for the following reasons. The appointed mediator, Daniel Bowling, Esq., and the parties conducted a pre-mediation telephone conference pursuant to ADR Local Rule 6-6 on May 26, 2015. The parties and the mediator selected several alternative dates for the upcoming mediation, consistent with the dates available for counsel and the representative of defendant NetSuite, subject to Plaintiff Kentwool determining the availability of its representative, the Company's Chief Executive Officer, at the mediation. The tentative dates selected were also impacted by the necessity of completing certain limited discovery prior to the mediation, and by the mediator's scheduled travel plans. After all these matters were taken into account, the only date available for all counsel, the mediator, and the clients among the several tentative dates turned out to be August 19, 2015.
All parties concur in this request to extend the mediation deadline to August 20, 2015. The parties accordingly are proceeding via a stipulation as opposed to a noticed motion. ADR Local Rule 6-5(b)(2). A proposed Order accompanies this stipulation. ADR Local Rule 6-5(b)(3).
For the foregoing reasons, Counsel for Kentwool and counsel for NetSuite jointly ask the Court to extend the deadline for completing mediation in this action to and including August 20, 2015, by entering the requested order, submitted herewith.
ORDER
The Court, having reviewed for preceding Stipulation, and good cause appearing, hereby ORDERS that pursuant to Rule 6-5 of the ADR Rules for the United States District Court for the Northern District of California, the deadline for the parties to complete mediation is extended to and including August 20, 2015