Opinion
Case No. C 12-05950 SI
03-05-2013
RELIANCE GLOBALCOM SERVICES, INC., Plaintiff, v. SMART BUSINESS ADVISORY AND CONSULTING, LLC and SMART & ASSOCIATES, LLP, Defendants.
FOX ROTHSCHILD LLP JEFFREY D. POLSKY Attorneys for Defendants SMART BUSINESS ADVISORY AND CONSULTING, LLC and SMART & ASSOCIATES, LLP ARMSTRONG TEASDALE, LLP DANIEL SAKAGUCHI Attorney for Plaintiff RELIANCE GLOBALCOM SERVICES, INC.
JEFFREY D. POLSKY (State Bar No. 120975)
FOX ROTHSCHILD LLP
235 Pine Street, Suite 1500
San Francisco, CA 94104
Telephone: (415) 364-5540
Facsimile: (415) 391-4436
jpolsky@foxrothschild.com
Attorneys for Defendants
SMART BUSINESS ADVISORY AND
CONSULTING, LLC and SMART &
ASSOCIATES, LLP
STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE
Scheduled Date: March 15, 2013
Requested Date: March 29, 2013
Plaintiff Reliance GlobalCom Services, Inc. and defendants Smart Business Advisory and Consulting, LLC and Smart & Associates, LLP (the "Stipulating Parties") hereby stipulate to and respectfully request that the Court continue the Case Management Conference in this action scheduled for March 15, 2013 to March 29, 2013. In furtherance of this Stipulation, the Stipulating Parties state as follows:
1. The Case Management Conference in this action was originally scheduled for March 1, 2013.
2. On January 28, 2013, the defendants filed a motion to dismiss this action for lack of subject matter jurisdiction, or, alternatively, to dismiss or stay this action in light of the first-filed related state action (the "Original Motion to Dismiss"). See Dkt. #18. The hearing on the Original Motion to Dismiss was originally scheduled for March 15, 2013.
3. On February 6, 2013, the Stipulating Parties filed a stipulation to continue the Case Management Conference in this action from March 1, 2013 to March 15, 2013 to coincide with the originally scheduled hearing on the Original Motion to Dismiss to conserve time, effort, and the resources of the Court and the Stipulating Parties by avoiding two hearings and the need for counsel for the Stipulating Parties to appear before this Court on both March 1 and 15, 2013. See Dkt. #23.
4. On February 8, 2013, the Court, pursuant to the Stipulating Parties' February 6, 2013 stipulation, entered an Order continuing the Case Management Conference from March 1, 2013 to March 15, 2013. See Dkt. # 25. The Case Management Conference is, therefore, currently scheduled for March 15, 2013.
5. On February 11, 2013, the plaintiff filed an amended complaint in this action. See Dkt. # 26.
6. On February 28, 2013, Smart & Associates, LLP filed a motion to dismiss the amended complaint for failure to join an indispensable party and for lack of subject matter jurisdiction, or, in the alternative to dismiss or stay this action in light of the first-filed related state action (the "Motion to Dismiss the Amended Complaint"). See Dkt. # 33.
7. On February 28, 2013, the Court consolidated for hearing on March 29, 2013 the Original Motion to Dismiss and the Motion to Dismiss the Amended Complaint, thereby continuing the March 15, 2013 hearing on the Original Motion to Dismiss. See Dkt. # 36.
8. The Stipulating Parties hereby stipulate to a continuance of the Case Management Conference currently scheduled for March 15, 2013 to March 29, 2013, the same date of the consolidated hearing on the Original Motion to Dismiss and the Motion to Dismiss the Amended Complaint.
9. The Stipulating Parties agree that continuing the Case Management Conference to March 29, 2013 will conserve time, effort, and the resources of the Court and the Stipulating Parties by avoiding two hearings and the need for counsel for the Stipulating Parties to appear before this Court on both March 15 and 29, 2013.
NOW THEREFORE, the Stipulating Parties respectfully request that the Court continue the Case Management Conference in this action from March 15, 2013 to March 29, 2013.
Respectfully submitted,
FOX ROTHSCHILD LLP
By: ____________
JEFFREY D. POLSKY
Attorneys for Defendants
SMART BUSINESS ADVISORY AND
CONSULTING, LLC and SMART &
ASSOCIATES, LLP
ARMSTRONG TEASDALE, LLP
By: ____________
DANIEL SAKAGUCHI
Attorney for Plaintiff
RELIANCE GLOBALCOM SERVICES, INC.
PURSUANT TO THIS STIPULATION, IT IS SO ORDERED
____________
Hon. Susan Illston
United States District Judge