Stipulation And Order To Continue Initial Case Management Conference And Related Disclosure And Adr Deadlines (Page 2 of 4) in pdf

Stipulation And Order To Continue Initial Case Management Conference And Related Disclosure And Adr Deadlines Page 2

Case 4:08-cv-01588-SBA

Document 12

Filed 06/09/2008

Page 2 of 4

Pursuant to Rules 6-2 and 7-12 of the Local Rules of this Court, Plaintiff and

Counterdefendant Ivy Rosequist, dba Wicker-Wicker-Wicker (“Rosequist”) and Defendant and

Counterclaimant Michael Taylor Designs, Inc. (“MTD”), by and through their respective counsel

and subject to the approval of this Court, hereby stipulate and agree to the following:

WHEREAS, in this lawsuit Rosequist has sued MTD for Lanham Act violations and for

breach of oral contract, and MTD has sued Rosequist for declaratory relief; and

WHEREAS, upon the commencement of this lawsuit on March 24, 2008 this Court

(Honorable Saundra B. Armstrong, United States District Judge) issued an Order Setting the Initial

Case Management Conference and ADR deadlines (the “Order”); and

WHEREAS, on May 29, 2008 Rosequist died; and

WHEREAS, on June 3, 2008 MTD filed notice of Rosequist’s death pursuant to Fed. R. Civ.

P. 25(a)(1); and

WHEREAS, to the best knowledge of respective counsel for both sides no personal

representative or administrator of Rosequist’s estate has yet been appointed, and whether this lawsuit

will continue to be litigated is not yet known and will not be known until there has been an

appointment and the decision is made; and

WHEREAS, due to the foregoing counsel for Rosequist cannot presently comply with the

Order’s requirements; and

WHEREAS, under the circumstances counsel for both sides agree that this lawsuit should be

stayed and all deadlines previously set by the Order should be continued to allow sufficient time for

a personal representative or administrator of Rosequist’s estate to be appointed and decide whether

or not this lawsuit is to proceed; and

WHEREAS, no previous time modifications in this lawsuit have been previously sought or

granted, and the time modifications proposed here may delay this lawsuit’s resolution for only a few

months.

ACCORDINGLY, the parties agree that the dates set forth in the Order shall be continued as

follows:

(a)

The parties’ last day to meet and confer re initial disclosures, early settlement, ADR

10571-002-6/9/2008-161502.2

STIP/ORDER RE CONTINUANCE OF CMC

– CV 08-1588 SBA

Stipulation And Order To Continue Initial Case Management Conference And Related Disclosure And Adr Deadlines Page 2