Free Motion to Continue - District Court of California - California

Case 3:08-cv-00397-H-AJB

Document 16

Filed 05/13/2008

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JOSEPH A. YANNY, ESQ., SBN 97979 RAPHAEL B. EMANUEL, ESQ., SBN 218755 KIM D. ASHLEY, ESQ., SBN 253160 YANNY & SMITH 1801 Century Park East, 23rd Floor Los Angeles, California 90067 Telephone: (310) 551-2966 Facsimile: (310) 551-1949 Attorneys for Plaintiff Kippys, Inc. STUART E. JONES, SBN 104566 WRIGHT, ROBINSON, OSTHIMER & TATUM 44 Montgomery Street, 18th Floor San Francisco, California 94104-4705 Telephone: (415) 391-7111 Telefax: (415) 391-8766 Attorneys for Defendant Kim Logue, an individual, doing business as About Attitude IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA KIPPYS, INC., a California Corporation, Plaintiff, v. ABOUT ATTITUDE, an entity of unknown form, 13817 Village Mill Drive, Suite 200, Midlothian, Virginia 23114; KIM LOGUE, an individual, and DOES 1 through 50, inclusive, Defendants. The parties, through their respective counsel, move for leave of Court to extend the deadline for conducting an Early Neutral Evaluation ("ENE") Conference. The Date: Time: Dept: Judge: May 28, 2008 1:30 p.m. A Anthony J. Battaglia NO.: 08-CV-0397 H JOINT MOTION TO CONTINUE EARLY NEUTRAL EVALUATION CONFERENCE

JOINT MOTION TO CONTINUE ENE

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Case 3:08-cv-00397-H-AJB

Document 16

Filed 05/13/2008

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parties are currently scheduled for an ENE session on May 28, 2008. However, on May 9, 2008, while attempting to conduct a meet and confer, the parties discovered that the Court's Order Setting Early Neutral Evaluation Conference Briefing Schedule and Other Requirements Under Local Rules ("Order") pertains to patent cases. However, the case at hand is a trademark and copyright case. As the Order sets forth the matters to be discussed during the meet and confer, the parties were unable to complete this and subsequent requirements. The parties immediately held a telephonic conference with the clerk of the Court and were told that a new Order would be issued with revised dates upon joint motion of the parties. The parties, having agreed upon the dates of June 11, 2008 for the ENE and May 28, 2008 for the settlement brief deadline now respectfully request that the Court grant this motion to extend the deadline.

DATED: May 13, 2008

Respectfully submitted by,

YANNY & SMITH By: /s/ Joseph A. Yanny Joseph A. Yanny Attorneys for Plaintiff, Kippys, Inc. Email: [email protected] WRIGHT, ROBINSON, OSTHIMER & TATUM By: /s/ Stuart E. Jones Stuart E. Jones Attorneys for Defendant Email: [email protected]

JOINT MOTION TO CONTINUE ENE

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