STIPULATION TO AND [PROPOSED] ORDER CONTINUING PENDING DEADLINES

Civil L.R. 6.2(a).

EDWARD J. DAVILA, District Judge.

Pursuant to Civil Local Rule 6-2(a), Plaintiff and Cross-Defendant Joint Venture Partners International, Inc. ("JVP"), Cross-Defendant Jay Dee Shiverdaker, Cross-Defendant American Medical Revenue, LLC ("AMR"), and Defendant and Cross-Complainant Ian Clyne, by and through their respective counsel of record, respectfully request that the Court enter the following stipulation to continue the deadline to complete mediation and the date of the Initial Case Management Conference:

Background

Plaintiff JVP initiated this action on March 8, 2017 in California Superior Court, Napa County. Defendant and Cross-Complainant Clyne removed the action to the U.S. District Court for the Northern District of California, on May 2, 2017.

This case was initially assigned to Magistrate Judge Elizabeth D. Laporte, who issued an order on May 3, 2017 (ECF No. 5) setting various ADR deadlines. The matter was reassigned to the Honorable Edward J. Davila. In the spring and early summer the Parties sought and obtained a few extensions to respond to the cross-complaint (see Dkt. Nos. 16, 19 and 21), during which time all parties agreed that they were amenable to attempting to resolve this matter via early private mediation as indicated in their respective ADR certifications to the Court. Accordingly, the parties were ordered to complete mediation by October 11, 2017. (ECF No. 25).

To meet this deadline and to avoid having the burden and expense of litigation detract from their settlement efforts, the parties sought a court order (See ECF No. 26) further extending the deadline to respond to the cross-complaint and continuing the initial case management hearing for the first time. The Court granted that order on July 20, 2017. (ECF No. 27). On July 24, 2017, the Court issued an additional order resetting the date of the Initial Case Management Conference. Accordingly, the following dates are set in this matter:

Stipulation and Request For Continuance

The parties hereby stipulate to and agree to seek, via this stipulation and proposed order, a two month continuance on each of these deadlines. Good cause exists for this continuance. Mario Moya, lead counsel for Defendant and Cross-Complainant, recently experienced an unexpected death in his immediate family. Specifically, on August 18, 2017, Mr. Moya's younger brother unexpectedly passed away at the age of 21. His family is based on the East Coast, where Mr. Moya is presently and for the foreseeable future. Moya Law, Mr. Moya's law firm, consists of himself, and two of counsel attorneys, Rebecca Hoberg and Zeenat Basrai. Of the three attorneys only, Mr. Moya and Mrs. Hoberg have worked on the matter. Mrs. Hoberg is also Mr. Moya's spouse, as they were recently married on July 29, 2017, and accordingly, Mrs. Hoberg's time and attention is also on the Moya family.

Accordingly, the parties hereby ask that the Court continue each of the above deadlines by two months to afford Mr. Moya time need to attend to his personal affairs. Pursuant to such an order, the following deadlines would apply:

IT IS SO STIPULATED.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.