Opinion
CASE NO. 2:11-cv-03153 LKK-DAD
04-11-2012
MEYER MANUFACTURING COMPANY LIMITED, a Hong Kong Corporation, Plaintiff, v. TELEBRANDS CORP., a New Jersey Corporation, Defendant.
ROPERS, MAJESKI, KOHN & BENTLEY Neil A. Smith, Esq. (SBN 63777) OF COUNSEL: COOPER & DUNHAM LLP Peter D. Murray, Esq. (Pro Hac Vice) Robert T. Maldonado, Esq. (Pro Hac Vice) Hindy Dym, Esq. (Pro Hac Vice) Attorneys for Defendant TELEBRANDS CORP., a New Jersey Corporation HOLLAND & KNIGHT LLP R. David Donoghue, Esq. (SBN 205730) (Counsel for Service) Michael A. Grill, Esq. (Pro Hac Vice) HOLLAND & KNIGHT LLP Matthew P. Vafidis (SBN 1003578) Attorneys for Plaintiff MEYER MANUFACTURING COMPANY LIMITED
ROPERS, MAJESKI, KOHN & BENTLEY
Neil A. Smith, Esq. (SBN 63777)
OF COUNSEL:
COOPER & DUNHAM LLP
Peter D. Murray, Esq. (Pro Hac Vice)
Robert T. Maldonado, Esq. (Pro Hac Vice)
Hindy Dym, Esq. (Pro Hac Vice)
Attorneys for Defendant
TELEBRANDS CORP., a New Jersey Corporation
HOLLAND & KNIGHT LLP
R. David Donoghue, Esq. (SBN 205730) (Counsel for Service)
Michael A. Grill, Esq. (Pro Hac Vice)
HOLLAND & KNIGHT LLP
Matthew P. Vafidis (SBN 1003578)
Attorneys for Plaintiff
MEYER MANUFACTURING COMPANY LIMITED
STIPULATION AND ORDER REQUESTING THE
COURT TO POSTPONE STATUS REPORT
DEADLINE, INITIAL STATUS CONFERENCE,
AND RELATED DATES, UNTIL AFTER
DEFENDANT FILES ITS ANSWER
Plaintiff MEYER MANUFACTURING COMPANY LIMITED and Defendant TELEBRANDS CORP., by their counsel, hereby stipulate, agree, and request, subject to approval by the Court, to postpone the parties' deadline for submitting their Status Report, currently set for April 16, 2012, as well as the Status Conference, currently set for April 30, 2012, at 2:00 p.m., until May 29, 2012, at 2:00 p.m., pursuant to the proposed Order form below.
On April 9, 2012, the Court denied Defendant's Motion to Transfer this action to the United States District Court for New Jersey as well as Defendant's Motion to Extend the Time to Answer the Complaint. The Court ordered Defendant to file its Answer by April 16, 2012. Immediately prior to the Court's ruling, the parties had agreed to, and were in the process of finalizing a stipulation to postpone the initial Status Conference and related deadlines until after the Court ruled and after Defendant filed its Answer.
As currently scheduled, the parties' Status Report is due on April 16, 2012, the same day as Defendant's Answer is now due. But Defendant's Answer and any counterclaims will undoubtedly affect case management, as well as the scope of the parties' conference pursuant to Federal Rule of Civil Procedure 26(f). Therefore, without prejudice to either party, the parties jointly request that this Court postpone the April 16, 2012 Status Report deadline, along with the April 30, 2012 Case Management Conference, and other deadlines and obligations relating thereto, including the time for the parties to exchange initial disclosures pursuant to Federal Rule of Civil Procedure 26(a), in order to allow the parties time to evaluate Defendant's Answer, and to hold a meaningful Rule 26(f) conference thereafter, prior to submitting their Status Report and serving initial disclosures.
WHEREFORE, in the interests of justice and efficiency, the parties jointly request that the Court approve the [Proposed] Order below.
HOLLAND & KNIGHT LLP
By: ________________
R. DAVID DONOGHUE
MICHAEL A. GRILL
Attorneys for Plaintiff
MEYER MANUFACTURING COMPANY LIMITED
COOPER & DUNHAM LLP
ROPERS, MAJESKI, KOHN & BENTLEY
By: __________
NEIL A. SMITH
Attorneys for Defendant
TELEBRANDS CORP.
ORDER POSTPONING CASE MANAGEMENT
Plaintiff and Defendant having jointly requested that the Court postpone the Initial Scheduling Conference, and the dates and meetings relating thereto, to allow sufficient time for the parties to meet and confer and to submit their initial status report following Defendant's filing of its Answer, which must be filed on April 16, 2012,
IT IS HEREBY ORDERED that the Initial Scheduling Conference in this action shall be scheduled on May 29, 2012, at 2:00 p.m.
Dates for meeting of counsel, initial disclosures, and the filing of Case Management/ Status Reports, shall be proportionately moved back the same number of days as the Initial Scheduling Conference, as set by the Court.
_________________
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT