Filed: Jan. 24, 2013
Latest Update: Jan. 24, 2013
Summary: SECOND STIPULATED REQUEST FOR ORDER GRANTING RELIEF FROM CASE MANAGEMENT SCHEDULE EDWARD M. CHEN, District Judge. Pursuant to Civil Local Rules 6-1(b), 6-2(a), 7-12, and 16-2(d) and (e), plaintiffs American President Lines, Ltd. and APL Co. Pte., Ltd. (collectively "APL") and defendant Export International, Inc. ("EI") request an order granting relief from the Case Management Schedule in the above-captioned matter. One previous modification to the Case Management Schedule has been requested a
Summary: SECOND STIPULATED REQUEST FOR ORDER GRANTING RELIEF FROM CASE MANAGEMENT SCHEDULE EDWARD M. CHEN, District Judge. Pursuant to Civil Local Rules 6-1(b), 6-2(a), 7-12, and 16-2(d) and (e), plaintiffs American President Lines, Ltd. and APL Co. Pte., Ltd. (collectively "APL") and defendant Export International, Inc. ("EI") request an order granting relief from the Case Management Schedule in the above-captioned matter. One previous modification to the Case Management Schedule has been requested an..
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SECOND STIPULATED REQUEST FOR ORDER GRANTING RELIEF FROM CASE MANAGEMENT SCHEDULE
EDWARD M. CHEN, District Judge.
Pursuant to Civil Local Rules 6-1(b), 6-2(a), 7-12, and 16-2(d) and (e), plaintiffs American President Lines, Ltd. and APL Co. Pte., Ltd. (collectively "APL") and defendant Export International, Inc. ("EI") request an order granting relief from the Case Management Schedule in the above-captioned matter.
One previous modification to the Case Management Schedule has been requested and granted. The parties have also concurrently filed a Second Stipulated Request to Further Extend the Time to Respond to Complaint.
This second requested enlargement of time/relief from the Case Management Schedule is sought to allow APL and EI time to finalize a settlement agreement. The parties have agreed on the amount of a settlement payment from EI to APL. However, a term of the proposed settlement involves APL entering into a shipping contract with EI. An enlargement of the time for the Case Management Schedule will allow the parties to negotiate the terms of that contract and complete the settlement. (See Declaration of Mark K. de Langis, filed in support of this Second Stipulated Request.)
IT IS HEREBY STIPULATED by and between plaintiff APL and defendant EI that the Case Management Schedule shall be vacated and amended to reflect the following dates:
Date Event Governing Rule
Last day to meet and confer re initial disclosures, early FRCP 26(f)
2/1/2013 settlement, ADR process selection, and discovery plan ADR L.R. 3-5
Last day to file Joint ADR Certification with Stipulation to Civil L.R. 16-8 &
2/1/2013 ADR process or Notice of Need for ADR Phone Conference ADR. L.R. 3-5(b)
File either Stipulation to ADR Process or Notice of Need for Civil L.R. 16-8©&
2/1/2013 ADR Phone conference ADR L.R. 3-5(b) &
(c)
Last day to complete initial disclosures or state objection in FRCP 26(a)(1)
2/28/13 Rule 26(f) Report, file/serve Case Management Statement, Civil L.R. 16-9
and file/serve Rule 26(f) Report
Case Management Conference in Courtroom 5, 17th Floor, SF Civil L.R. 16-10
3/7/13 at 9:00 a.m.
LUCAS VALLEY LAW
By: /s/Mark K. de Langis
Mark K. de Langis
Attorneys for Plaintiffs
AMERICAN PRESIDENT LINES, LTD.
APL Co. Pte., Ltd.
HELTZEL, WILLIAMS, YANDELL, ROTH,
SMITH, PETERSEN & LUSH, P.C.
By: /s/ Michael C. Petersen
Michael C. Petersen
Attorneys for Defendant
EXPORT INTERNATIONAL, INC.
PURSUANT TO STIPULATION, IT IS SO ORDERED
The CMC is reset to 3/7/13 at 9:00 a.m. A joint CMC Statement shall be filed by 2/28/13.
