Opinion
Civil Action No. 5:10-cv-05860-EJD
10-18-2011
LANSMONT CORPORATION, Plaintiff, v. SPX CORPORATION, a Delaware corporation; SPECTRIS, PLC, a private limited company; BRUEL & KJAER, a corporation; and HBM, INC., a corporation, Defendants.
PEARSON, SIMON, WARSHAW & PENNY, LLP By: Bruce L. Simon William J. Newsom Attorneys for Plaintiff LANSMONT CORPORATION DATED: October 10, 2011 SHEPPARD MULLIN RICHTER & HAMPTON LLP By: PHILIP F. ATKINS-PATTENSON NATHANIEL BRUNO Attorneys for Defendant SPX CORPORATION
[COUNSEL LISTED ON SIGNATURE PAGES]
STIPULATION AND [PROPOSED] ORDER CONTINUING:
1. DEADLINE TO COMPLETE EARLY NEUTRAL EVALUATION PROGRAM SESSION
[ADR Local Rule 5-5 and Civil Local Rule 7-12]
The Honorable Edward J. Davila
United States District Judge
The following stipulation requests that the deadline for the parties to complete an Early Neutral Evaluation ("ENE") Program session, currently set for October 17, 2011, be continued to October 27, 2011 and that all related deadlines be continued accordingly.
STIPULATION
Pursuant to ADR Local Rule 5-5 and Civil Local Rule 7-12, Plaintiff Lansmont Corporation ("Lansmont") and Defendant SPX Corporation ("SPX"), the only parties remaining in this action, stipulate and request as follows:
1. WHEREAS, on June 30, 2011, the Court issued an Order Referring Case to Early Neutral Evaluation, (Docket No. 52) ordering that the parties attend an ENE session within 90 days of the Order, which deadline would expire on September 28, 2011;
2. WHEREAS, on July 26, 2011, the Clerk of Court issued a Notice of Appointment of Evaluator, appointing John L. Cooper as the Evaluator for this case (Docket No. 56);
3. WHEREAS, on September 8, 2011, the parties and the Evaluator agreed upon a date of October 17, 2011 at 9:00 a.m. for the ENE session, which agreement followed after their August 30, 2011 ADR Local Rule 5-7 scheduling conference;
4. WHEREAS, on September 12, 2011 the parties filed (Docket No. 57), and on September 19, 2011 the Court signed (Docket No. 58) a stipulation and order extending the deadline to complete the ENE session by October 17, 2011;
5. WHEREAS, the ENE session scheduled for October 17 had to be moved due to the unavailability of Evaluator John Cooper on that date, because of a late-arising conflict with a deposition that Mr. Cooper is required to attend pursuant to Judge Alsup's appointment of Mr. Cooper to represent a Rule 706 expert witness in Oracle v. Google; and
7. WHEREAS, on October 10, 2011, the parties and the Evaluator agreed upon a date of October 27, 2011 at 9:00 a.m. for the ENE session;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND REQUESTED that the Court continue the current October 17, 2011 deadline to hold an Early Neutral Evaluation session to October 27, 2011, and continue all related deadlines accordingly.
E-FILING ATTESTATION
By his signature below, and pursuant to General Order 45, counsel for Lansmont attests that counsel for all parties whose electronic signatures appear below have concurred in the filing of this Stipulation.
PEARSON, SIMON, WARSHAW & PENNY, LLP
By: Bruce L. Simon
William J. Newsom
Attorneys for Plaintiff
LANSMONT CORPORATION
DATED: October 10, 2011
SHEPPARD MULLIN RICHTER & HAMPTON
LLP
By: PHILIP F. ATKINS-PATTENSON
NATHANIEL BRUNO
Attorneys for Defendant
SPX CORPORATION
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED. Deadline to hold an Early Neutral Evaluation session by October 27, 2011.
The Honorable Edward J. Davila
United States District Court Judge