Phoenix Solutions Inc v. Wells Fargo & Company

Filing 159

STIPULATION AND ORDER continuing 100 104 plaintiff's motions to strike to 1/5/2009 02:00 PM; Signed by Judge Marilyn Hall Patel on 11/21/2008. (awb, COURT-STAFF) (Filed on 11/21/2008)

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TROJAN LAW OFFICES R. JOSEPH TROJAN - #137067 9250 Wilshire Blvd, Suite 325 Beverly Hills, CA 90212 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff PHOENIX SOLUTIONS, INC. KEKER & VAN NEST, LLP DARALYN J. DURIE - #169825 EUGENE M. PAIGE - #202849 RYAN M. KENT - #220441 SONALI D. MAITRA - #254896 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants WELLS FARGO BANK, N.A. and WELLS FARGO FUNDS MANAGEMENT, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

PHOENIX SOLUTIONS, INC., a California corporation, Plaintiff, v. WELLS FARGO BANK, N.A., a Delaware corporation, and WELLS FARGO FUNDS MANAGEMENT, LLC, a Delaware limited liability company, Defendant.

Case No. CV 08-0863 MHP STIPULATION AND [PROPOSED] ORDER PURSUANT TO LOCAL RULE 7-7 REGARDING DATE OF HEARING ON PHOENIX'S MOTION TO STRIKE AND/OR DISMISS AFFIRMATIVE DEFENSES OF INEQUITABLE CONDUCT

431198.01

STIPULATION AND [PROPOSED] ORDER PURSUANT TO LOCAL RULE 7-7 RE DATE OF HEARING ON PHOENIX'S MOT. TO STRIKE AND/OR DISMISS AFF. DEFENSES OF INEQUITABLE CONDUCT CASE NO. CV 08-0863 MHP

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Pursuant to Local Rule 7-7, undersigned counsel for Phoenix Solutions, Inc. ("Phoenix") and Wells Fargo Bank, N.A. and Wells Fargo Funds Management, LLC (collectively, "Wells Fargo") jointly and respectfully submit this stipulation regarding the date of the hearing on Phoenix's motion to strike and/or dismiss Wells Fargo's affirmative defenses of inequitable conduct. 1. On October 21, 2008, Phoenix filed a motion to strike and/or dismiss Wells

Fargo's affirmative defenses of inequitable conduct (Docket No. 104), noticing that motion for December 1, 2008. 2. On October 30, 2008, the parties filed a stipulation and proposed order seeking to

reschedule their motions for summary judgment (which had been rescheduled from November 10, 2008 to November 24, 2008, see Docket No. 111) for December 1, 2008, the date for which Phoenix's motion to strike and/or dismiss affirmative defenses had been noticed. See Docket No. 115. 3. On November 18, 2008, the Court issued an Order rescheduling the hearing on

the parties' motions for summary judgment (Docket Nos. 43 and 51) to January 5, 2009 at 2:00 p.m. See Docket No. 151. 4. The issues involved in the motions at Docket No. 104 and Docket No. 43 are

similar, and the parties are currently discussing the possibility of a stipulation that would resolve the issues in both Docket No. 104 and Docket No. 43, obviating the need for any hearing on those motions. // // // // // // //

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431198.01

STIPULATION AND [PROPOSED] ORDER PURSUANT TO LOCAL RULE 7-7 RE DATE OF HEARING ON PHOENIX'S MOT. TO STRIKE AND/OR DISMISS AFF. DEFENSES OF INEQUITABLE CONDUCT CASE NO. CV 08-0863 MHP

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5.

Accordingly, to prevent the need for a multiplicity of hearings in the case, counsel

for Phoenix and counsel for Wells Fargo therefore stipulate to, and respectfully request, an Order rescheduling the hearing on Phoenix's motion to strike and/or dismiss for January 5, 2009 at 2:00 p.m.

Dated: November 19, 2008

TROJAN LAW OFFICES

By: /s/ R. Joseph Trojan ________________ R. Joseph Trojan Attorneys for Plaintiff PHOENIX SOLUTIONS, INC. Dated: November 19, 2008 KEKER & VAN NEST, LLP

By:

/s/ Eugene M. Paige________________ Eugene M. Paige Attorneys for Defendant WELLS FARGO BANK, N.A.

[PROPOSED] ORDER Upon the joint stipulation of the parties, the request to reschedule the hearing on Phoenix's motion to strike and/or to dismiss affirmative defenses (Docket No. 104) to January 5, 2009, at 2:00 p.m. is GRANTED. and motion to strike declaration of Bennett (docket No. 100) PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: 11/21/2008

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431198.01

ER STIPULATION AND [PROPOSED] ORDER PURSUANT TO LOCAL RULE 7-7 RE DATE OF HEARING ON C N PHOENIX'S MOT. TO STRIKE AND/OR DISMISS AFF. DEFENSES OF INEQUITABLEF CONDUCT D IS T IC T O CASE NO. CV 08-0863 MHP R

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______________________________________ HON. MARILYN HALL PATEL UNITED STATES DISTRICT JUDGE l H. Pate Marilyn Judge

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