UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff,
v.
Cavalry Storage, Inc.,
Defendant.
Case No. 3:13-cv-2892-H-BGS
JOINT MOTION TO CONTINUE
EARLY NEUTRAL EVALUATION
CONFERENCE CURRENTLY SET
FOR JUNE 9, 2014
ENE Date: June 9, 2014
Time: 10:00 a.m.
Magistrate: Hon. Bernard G. Skomal
Ctrm: 12
th Floor (Annex)
DEMAND FOR JURY TRIAL
Assigned to the Honorable
Judge Marilyn L. Huff
TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF CALIFORNIA:
Pursuant to the Court’s Chamber Rules and the Court’s April 10, 2014
“
Notice And Order For Telephonic Early Neutral Evaluation Conference In Patent
Cases
” (Dkt #16) (hereafter referred to as the “ENE Order”), Plaintiff e.Digital
Corporation (“Plaintiff”) and
Defendant Cavalry Storage, Inc. (“Defendant” or
“Cavalry”)
hereby present this joint motion seeking to continue the currently
scheduled June 9, 2014 Early Neutral Evaluation Conference (“ENE”). Plaintiff
and Defendant are collectively referred to herein as the “Parties.”
No previous requests to continue the ENE have been made in this matter.
II. BASIS FOR REQUEST FOR EXTENSION
The Parties need additional time to meet and confer in this matter with
respect to settlement and the joint discovery plan.
It is believed that the Parties are
very close to resolving this matter without assistance of the Court
. As such
additional time will allow the Parties to make more significant progress toward
possible settlement. Counsel for the Plaintiff has a scheduling conflict with respect
to the date and time set for the ENE. The Parties also need additional time to
prepare and file their ENE briefs in this matter.
As such, the Parties respectfully request to continue the ENE for 30 days or
longer. It is not believed by the Parties that continuing the ENE will impact any
other case management dates.
III. CONCLUSION
Accordingly, the Parties respectfully request that the ENE in this matter be
continued to July 16, 2014 or whatever date is available on the Court’s calendar
thereafter. Pursuant to Local Civil Rule 7.2, Plaintiff will separately submit a
Proposed Order granting the relief requested.
Dated: May 27, 2014
HANDAL & ASSOCIATES
By: /s/Pamela C. Chalk__________________
Anton N. Handal
Pamela C. Chalk
Gabriel G. Hedrick
Attorneys for Plaintiff
e.Digital Corporation
Dated: May 27, 2014
LAW OFFICES OF KAREN YEH
By: /s/KAREN YEH __________________
Karen Yeh
Attorney for Defendant
Cavalry Storage, Inc.
