Free Motion to Continue - District Court of California - California

Case 3:07-cv-02222-IEG-BLM

Document 18

Filed 02/13/2008

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1 AMAR L. THAKUR, CAL. BAR NO. 194025 JON E. MAKI, CAL. BAR NO. 199958 2 NICOLE M. LEE, CAL. BAR NO. 222344 CRYSTINA COATS, CAL BAR NO. 234301 3 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership 4 Including Professional Corporations 12275 El Camino Real, Suite 200 5 San Diego, California 92130 Telephone: 858-720-8900 6 Facsimile: 858-509-3691 Email: [email protected] 7 [email protected] [email protected] 8 [email protected] 9 Attorneys for Plaintiff and Counterdefendant Bridgepoint Education, Inc. 10 11 12 13 14 BRIDGEPOINT EDUCATION, INC., 15 16 v. Plaintiff, CASE NO. 07 CV 2222 IEG (BLM) JOINT MOTION TO RE-SCHEDULE EARLY NEUTRAL EVALUATION CONFERENCE [Declaration of Jon E. Maki filed concurrently herewith and [Proposed] Order sent to [email protected]] Courtroom 1, 4th Floor Honorable Irma E. Gonzalez Complaint Filed: Trial Date: November 20, 2007 None set. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

17 PROFESSIONAL CAREER DEVELOPMENT INSTITUTE, LLC, and 18 DOES 1-10, inclusive, 19 20 21 22 PROFESSIONAL CAREER 23 DEVELOPMENT INSTITUTE, LLC, 24 25 v. 26 BRIDGEPOINT EDUCATION, INC., 27 28 -1W02-WEST:6NML1\400700454.1

Defendants.

Counterclaimant,

Counterdefendant.

JOINT MOTION TO RE-SCHEDULE EARLY NEUTRAL EVALUATION CONFERENCE Case No. 07cv 2222-IEG (BLM)

Case 3:07-cv-02222-IEG-BLM

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Filed 02/13/2008

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Pursuant to L.R. 7.2 and this Court's January 14, 2008 Notice and Order Setting

2 Early Neutral Evaluation Conference, Plaintiff and Counterdefendant Bridgepoint Education Inc. 3 ("Plaintiff" or "Bridgepoint") and Defendant and Counterclaimant Professional Career 4 Development Institute, LLC ( "PCDI" or "Defendant") hereby stipulate to and respectfully request 5 this Court to re-schedule the Early Neutral Evaluation Conference ("ENE") currently scheduled 6 for February 20, 2008 at 1:30 p.m. to a date acceptable to the Court. The date proposed herein by 7 the parties, March 10, 2008, is the first date that the parties' principals and their respective counsel 8 are all available for an in-person ENE. 9 10 The parties believe that good cause exists for re-scheduling the ENE due to the

11 unavailability of Plaintiff's CEO, Mr. Andrew Clark, who has an out-of-state, pre-paid vacation 12 set for February 16-29 and, therefore, cannot appear before this Court on February 20, 2008. 13 See Declaration of Jon E. Maki in Support of Joint Motion and [Proposed] Order to Re-Schedule 14 Early Neutral Evaluation Conference ("Maki Decl."), ¶ 3. Mr. Clark is the best representative for 15 the Plaintiff as he is fully aware of all facts involved in this litigation and has full settlement 16 authority. See id., ¶ 3. The parties believe it will be very beneficial towards settlement to have 17 Mr. Clark personally attend the ENE Conference, rather than a different Bridgepoint 18 representative with less knowledge and understanding of the facts and circumstances leading to 19 this litigation and counterclaims. See id., ¶ 5. 20 21 Upon learning that Mr. Clark is unavailable on February 20, 2008, the parties met

22 and conferred pursuant to Local Rule 26.1 to attempt to find a mutually available date prior to 23 February 16 (due to the February 22 cut-off set by Local Rule 16.1(c) and the unavailability of Mr. 24 Clark). See Maki Decl., ¶ 4. Defendant's primary business attorney Mr. James Kelly, who serves 25 as PCDI's outside General Counsel and is an essential participant for PCDI, is not available from 26 February 1 through February 15, 2008. See id., ¶ 4. Mr. Kelly is out of the office during this time 27 on a prior commitment that could not be re-scheduled. See id., ¶ 4. In addition, Mr. Kelly and his 28 client's representative(s) will be traveling from Georgia for the ENE. -2W02-WEST:6NML1\400700454.1

JOINT MOTION TO RE-SCHEDULE EARLY NEUTRAL EVALUATION CONFERENCE Case No. 07cv 2222-IEG (BLM)

Case 3:07-cv-02222-IEG-BLM

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Filed 02/13/2008

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Given Mr. Clark and Mr. Kelly's unavailability, the first day all parties' principals

2 and counsel are all available for an in-person ENE was determined to be March 10, 2008. See id., 3 ¶ 6. Based upon the above set of facts, the parties hereby stipulate to request that the Court re4 schedule the Early Neutral Evaluation Conference to March 10, 2008, or as soon thereafter as the 5 Court is available, so that the Parties may each have their representatives with the most knowledge 6 regarding this matter and full settlement authority in attendance. See id., ¶ 7. 7 8 DATED: February 13, 2008 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3W02-WEST:6NML1\400700454.1

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

By

s/Jon E. Maki [email protected] AMAR L. THAKUR JON E. MAKI NICOLE M. LEE CRYSTINA COATS Attorneys for Plaintiff and Counterdefendant BRIDGEPOINT EDUCATION, INC.

DATED: February 13, 2008

By

s/Sarah M. Shalf

[email protected]
JOHN E. FLOYD SARAH M. SHALF MARK T. DROOKS JAMES P. KELLY Attorneys for Defendant and Counterclaimant PROFESSIONAL CAREER DEVELOPMENT INSTITUTE, LLC

JOINT MOTION TO RE-SCHEDULE EARLY NEUTRAL EVALUATION CONFERENCE Case No. 07cv 2222-IEG (BLM)