Acutate Corporation v. Washington Mutual Bank

Filing 25

ORDER continuing motion and cmc to 12/19/08 at 9 a.m. and 2 p.m., respectively. Signed by Judge Illston on 10/28/08. (ts, COURT STAFF) (Filed on 10/29/2008)

Case 3:08-cv-02918-SI

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1 Benjamin K. Riley (112007) Jayne Laiprasert (256930) 2 HOWREY LLP 525 Market Street, Suite 3600 3 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] 5 Attorneys for Defendant WASHINGTON MUTUAL BANK 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. CV 08-2918 SI STIPULATION TO EXTEND TIME FOR INITIAL CASE MANAGEMENT CONFERENCE AND MOTION; [PROPOSED] ORDER THEREON Judge: Hon. Susan Illston

11 ACTUATE CORPORATION, a Delaware corporation, 12 Plaintiff, 13 vs. 14 WASHINGTON MUTUAL BANK, a 15 Washington corporation, 16 17 18 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

Defendant.

Case No. CV 08-2918 SI STIPULATION TO EXTEND TIME FOR CMC AND MOTION; [PROPOSED] ORDER
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STIPULATION Pursuant to Local Rule 6-2(a), Defendant Washington Mutual Bank ("Washington Mutual"),

3 and Plaintiff Actuate Corporation ("Actuate"), through their respective counsel, hereby submit this 4 joint stipulation and proposed Order. The facts set forth below also are confirmed in the Declaration of 5 Benjamin K. Riley, filed herewith. 6 WHEREAS, this Court has set the Initial Case Management Conference in this case for Friday,

7 November 21, 2008, at 2 pm; 8 WHEREAS, Actuate has filed a Motion to Strike certain affirmative defenses in Washington

9 Mutual's Answer, and that motion is set to be heard on Friday, November 21, 2008, at 9 am; 10 WHEREAS, on or about Thursday, September 25, 2008, the Office of Thrift Supervision

11 appointed the Federal Deposit Insurance Corporation ("FDIC") as the Receiver for Washington 12 Mutual. On the same day, the FDIC closed Washington Mutual and upon closure JPMorgan Chase & 13 Co. ("JPMorgan Chase") acquired certain banking assets and liabilities of Washington Mutual; and 14 WHEREAS, the effect of the referenced transactions on this litigation is still not yet clear, but

15 that effect is expected to be understood in the next several weeks. 16 ACCORDINGLY, the parties wish to continue the time set for both the initial Case

17 Management Conference and the pending Motion to Strike by approximately one month, in order to 18 allow them to better understand the effect on this litigation of the FDIC and JPMorgan Chase 19 transactions. The parties therefore request that both the initial Case Management Conference and 20 Actuate's Motion to Strike, be continued until Friday, December 19, 2008, or some other date and 21 time thereafter convenient for the Court. 22 IT IS SO STIPULATED. BERGESON, LLP

23 Dated: October 27, 2008. 24 25 26 27 28
HOWREY LLP

By:

/s/ Hway-Ling Hsu Hway-Ling Hsu Attorneys for Plaintiff ACTUATE CORPORATION

Case No. CV 08-2918 SI STIPULATION TO EXTEND TIME FOR CMC AND MOTION; [PROPOSED] ORDER
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Case 3:08-cv-02918-SI

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1 2 Dated: October 27, 2008 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

HOWREY LLP

By:

/s/ Benjamin K. Riley Benjamin K. Riley Attorneys for Defendant WASHINGTON MUTUAL BANK

[PROPOSED] ORDER Pursuant to the stipulation of counsel, and good cause shown therefor, it is hereby ordered that 19 2 p.m. the initial Case Management Conference in this matter shall be held on December __, 2008, at ____, 19 and that Actuate's Motion to Strike Affirmative Defenses will be heard on December __, 2008, at 9 a.m, _____________________. ________________________________ Hon. Susan Illston United States District Judge

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1 CERTIFICATION BY BENJAMIN K. RILEY PURSUANT TO GENERAL RULE NO. 45, SECTION X. RE E-FILING ON BEHALF OF MULTIPLE SIGNATORIES 2 3 1. I am an attorney licensed to practice law in the State of California, and am a partner

4 with the law firm of Howrey LLP, counsel for Defendant Washington Mutual Bank. The statements 5 herein are made on my personal knowledge, and if called as a witness I could and would testify 6 thereto. 7 2. The above e-filed document contains multiple signatures. I declare that concurrence

8 has been obtained from each of the other signatories to file this jointly prepared document with the 9 Court. Pursuant to General Rule No. 45, I shall maintain records to support this concurrence for 10 subsequent production for the Court if so ordered, or for inspection upon request by a party until one 11 year after final resolution of the action (including appeal, if any). 12 I declare under penalty of perjury under the laws of the United States of America that the

13 foregoing is true and correct on October 27, 2008. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

/s/ Benjamin K. Riley Benjamin K. Riley

Case No. CV 08-2918 SI STIPULATION TO EXTEND TIME FOR CMC AND MOTION; [PROPOSED] ORDER
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