PLAINTIFF'S REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

KANDIS A. WESTMORE, Magistrate Judge.

Plaintiff AliphCom ("Jawbone" or "Plaintiff") submits this request to continue the Case Management Conference with the expectation that Defendant United Logistics Solutions, Inc. ("United Logistics") will stipulate to the request. However, after the parties' respective attorneys discussed the request and agreed in principle on its contents and the duration of continuation, counsel for Jawbone was unable to reach counsel for United Logistics to confirm consent and authority to enter an e-signature pursuant to Local Rule No. 5-1(i)(3).

Jawbone filed its Complaint on December 20, 2013, and filed its First Amended Complaint on April 14, 2014. Jawbone contends that it served Defendant United Logistics on April 17, 2014, though United Logistics denies that it received a full set of exhibits to the Amended Complaint and on that basis has contended that service was complete. Despite its efforts to do so, Jawbone has not been able to serve Defendant Beijing Dunhuang Heguang Information Technology Co. Ltd. ("DHGate"), a foreign company located in China. Jawbone is currently attempting to serve DHGate with the Complaint, Amended Complaint, and related filings and papers, pursuant to Federal Rules of Civil Procedure 4(h)(2) and 4(d).

In the meantime, Jawbone and United Logistics have discussed the case through their respective attorneys, and United Logistics has stated that it has not participated in the conduct that gives rise to the allegations in Jawbone's Complaint and Amended Complaint. Jawbone has sought a response to United Logistics' representations from DHGate and awaits an answer. In light of that exchange, Jawbone has consented to an extension to United Logistics' deadline to respond to or answer the Amended Complaint, and therefore United Logistics has not filed a responsive pleading. United Logistics also has not consented to assignment of a Magistrate Judge for all purposes in this action.

A Case Management Conference is scheduled before the Court on May 20, 2014. In light of (a) Jawbone's ongoing efforts to serve DHGate, a foreign company located in China; and (b) the extension to United Logistics' deadline to respond to the complaint to which Jawbone has consented, the parties respectfully request that the Court continue the Case Management Conference for eight (8) weeks, or until July 8, 2014, at 1:30 p.m., to allow Jawbone to serve DHGate and receive a response to its questions regarding United Logistics' representations. The requested extension will not affect the Court's case management schedule.

Respectfully submitted,

IT IS SO ORDERED.