Free Order - District Court of California - California

Case 4:07-cv-04408-CW

Document 29

Filed 11/28/2007

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DAVID P. STOEBERL (Mo. Bar No. 46024) (Appearing Pro Hac Vice) [email protected] JULIE L. WATERS (Mo. Bar No. 55314) (Appearing Pro Hac Vice) [email protected] CARMODY MACDONALD P.C. 120 South Central Avenue, Suite 1800 St. Louis, MO 63105 Tel: 314-854-8600 Fax: 314-854-8660 CARTER W. OTT (State Bar No. 221660) [email protected] DLA PIPER US LLP 153 Townsend Street, Suite 800 San Francisco, California 94107 Telephone: 415-836-2500 Facsimile: 415-836-2501 Attorneys for Plaintiff and Counter-defendant MIDWEST TRANSPORT, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

MIDWEST TRANSPORT, INC., a Delaware Corporation, Plaintiff,

CASE NO. C 07-4408 (CW) STIPULATION AND ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE Judge: Hon. Claudia Wilken Courtroom: 2

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{4644\0007\358518.DOC.}

FCE BENEFIT ADMINISTRATORS, INC., a California Corporation, Defendant. FCE BENEFIT ADMINISTRATORS, INC., a California Corporation,

MIDWEST TRANSPORT, INC., a Delaware Corporation, Counter-defendant. -1STIP. AND [PROPOSED] ORDER CONTINUING INITIAL CMC CASE NO. C 07-4408 (CW)

Case 4:07-cv-04408-CW

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Filed 11/28/2007

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Pursuant to Local Rule 6-1 of the Northern District of California, it is hereby stipulated and agreed by Plaintiff and Counter-defendant Midwest Transport, Inc. ("Midwest Transport") and Defendant and Counter-claimant FCE Benefit Administrators, Inc., by and through their respective attorneys of record, as follows: WHEREAS, the Court previously scheduled the initial Case Management Conference in this action for December 4, 2007 at 2:00 p.m. WHEREAS, on October 22, 2007, Midwest Transport filed a motion for leave to amend its Complaint adding Califia Development Corporation as a defendant in this action, and on November 15, 2007, FCE Benefit Administrators, Inc. filed a non-opposition to this motion. WHEREAS, Midwest Transport and FCE Benefit Administrators, Inc. agree that the initial Case Management Conference should take place after Califia Development Corporation has appeared in this action. WHEREAS, the only time modification in this case was by the Court's order, following the reassignment of this action to this Court, rescheduling the initial Case Management Conference from November 30, 2007 to December 4, 2007. WHEREAS, the requested time modification will not otherwise impact the schedule for this case. THEREFORE, the parties hereby agree, subject to the Court's approval, to continue the initial Case Management Conference, scheduled for December 4, 2007 at 2:00 p.m., to February 12, 2008, 2008 at 2:00 p.m. Dated: November 26, 2007 CARMODY MACDONALD P.C. DLA PIPER US LLP By /s/ Carter W. Ott CARTER W. OTT Attorneys for Plaintiff and Counter-defendant Midwest Transport, Inc.

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-2STIP. AND [PROPOSED] ORDER CONTINUING INITIAL CMC CASE NO. C 07-4408 (CW)

Case 4:07-cv-04408-CW

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Filed 11/28/2007

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Dated: November 26, 2007 FILICE BROWN EASSA & McLEOD LLP By /s/ Robert D. Eassa ROBERT D. EASSA Attorneys for Defendant and Counter-claimant FCE Benefit Administrators, Inc. I, Carter W. Ott, am the ECF user whose ID and password are being used to file this STIPULATION TO EXTEND TIME TO RESPONSE TO AMENDED COMPLAINT. In compliance with General Order 45, X.B., I hereby attest that Robert D. Essa has concurred in this filing. ORDER The initial Case Management Conference currently scheduled for December 4, 2007 at 2:00 p.m. is continued to February 12, 2008, 2008 at 2:00 p.m. Dated: ___11/28/07________________ HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

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-3STIP. AND [PROPOSED] ORDER CONTINUING INITIAL CMC CASE NO. C 07-4408 (CW)