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SFI-613301v2 

STIPULATION AND [PROPOSED] ORDER 

Case No.: CV-09-0883 MHP 

MICHAEL E. DERGOSITS (SBN 118206)

TODD A. NOAH (SBN 152328) 

TED K. JOE (SBN 242589) 

DERGOSITS & NOAH LLP 

Three Embarcadero Center, Suite 410 

San Francisco, California 94111 

Tel: (415) 705-6377 

Fax: (415) 705-6383 

E-mail: mdergosits@dergnoah.com 

E-mail: tnoah@dergnoah.com 

E-mail: tjoe@dergnoah.com 

 

Attorneys for Plaintiff 

 

EXERGETIC SYSTEMS, LLC 

ARTHUR S. BEEMAN (SBN 237996)

PAMELA K. FULMER (SBN 154736) 

BRETT A. LOVEJOY (SBN 212942) 

JONES DAY 

555 California St., 26th Floor 

San Francisco, CA 94104-1500 

Telephone: (415) 626-3939 

Facsimile: (415) 875-5787 

email: asbeeman@jonesday.com 

email: pkfulmer@jonesday.com 

email: blovejoy@jonesday.com 

Attorneys for Defendants and 

Counterclaimants 

EDISON MISSION ENERGY and 

MIDWEST GENERATION, LLC 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

EXERGETIC SYSTEMS, LLC,

Plaintiff, 

v. 

EDISON MISSION ENERGY; and 

MIDWEST GENERATION LLC, 

Defendants. 

Case No. 09-0883-MHP 

STIPULATION AND [PROPOSED] 

ORDER RE: CASE MANAGEMENT 

CONFERENCE 

AND RELATED COUNTERCLAIMS

WHEREAS this Court held a Case Management Conference on July 6, 2009, and ordered 

Plaintiff Exergetic Systems, LLC and Defendants Edison Mission Energy and Midwest 

Generation LLC (“the Parties”) to return for a Further Case Management Conference on 

September 21, 2009, subsequently continued by Court Order until October 26, 2009, then until 

November 9, 2009; and then until November 23, 2009 and then until December 7, 2009; and then 

until January 25, 2010; 

WHEREAS as a result of the mediation on October 13, 2009, the parties have reduced the 

terms of a settlement to writing, and require some additional time to finalize and to execute the 

settlement documents, and the parties hereby request that the CMC be postponed for twenty-eight 

Case 3:09-cv-00883-MHP Document 48 Filed 01/27/10 Page 1 of 2
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- 2 - 

STIPULATION AND PROPOSED ORDER 

Case No.: CV-09-0883 MHP 

(28) additional days to provide the parties with an opportunity to execute final settlement 

documents. 

NOW THEREFORE the Parties hereby stipulate, and respectfully request, through their 

respective counsel of record, that the Further Case Management Conference now set for January 

25, 2010 be postponed until March 1, 2010 at 2:00 P.M., subject to the Court’s availability on that 

date. The Parties shall file jointly a Further Case Management Conference Statement five (5) 

court days before the continued case Further Case Management Statement. 

 IT IS SO STIPULATED. 

Dated: January 25, 2010 DERGOSITS & NOAH LLP 

 By: /s/ 

 Michael E. Dergosits 

 Attorneys for Plaintiff and 

 Counterdefendant 

 EXERGETIC SYSTEMS, LLC 

Dated: January 25, 2010 JONES DAY 

 By: /s/ 

 Arthur S. Beeman 

 Attorneys for Defendants and 

 Counterclaimants 

 EDISON MISSION ENERGY and 

 MIDWEST GENERATION LLC 

I attest under penalty of perjury that concurrence in the filing of this document has been 

obtained from Defendants’ counsel, Arthur S. Beeman. 

 

 /s/ 

 Michael E. Dergosits 

 IT IS SO ORDERED. 

Dated: January ___, 2010 _________________________ 

 Hon. Marilyn H. Patel 

 United States District Judge 

3:00 NO FURTHER CONTINUANCES. 26

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Marilyn H. Patel

Case 3:09-cv-00883-MHP Document 48 Filed 01/27/10 Page 2 of 2