Acutate Corporation v. Washington Mutual Bank

Filing 46

ORDER continuing cmc to July 10, 2009, at 3:00 p.m. (ts, COURT STAFF) (Filed on 5/8/2009)

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Case 3:08-cv-02918-SI Document 45 Filed 05/07/2009 Page 1 of 4 1 Benjamin K. Riley (SBN 112007) rileyb@howrey.com 2 Jayne Laiprasert (SBN 256930) laiprasertj@howrey.com 3 HOWREY LLP 525 Market Street, Suite 3600 4 San Francisco, California 94105 Telephone: (415) 848-4900 5 Facsimile: (415) 848-4999 6 Attorneys for Defendant JP MORGAN CHASE BANK, N.A., AS 7 ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK 8 9 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. CV 08-2918 SI STIPULATION TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON Judge: Hon. Susan Illston Trial Date: December 7, 2009 12 ACTUATE CORPORATION, a Delaware corporation, 13 Plaintiff, 14 vs. 15 WASHINGTON MUTUAL BANK, a 16 Washington corporation, 17 18 19 20 21 22 23 24 25 26 27 28 HOWREY LLP Defendant. Case No. CV 08-2918 SI STIPULATION TO CONTINUE CMC; [PROPOSED] ORDER DM_US:22121432_1 Case 3:08-cv-02918-SI Document 45 Filed 05/07/2009 Page 2 of 4 1 2 STIPULATION Pursuant to Local Rule 6-2(a), Defendant JP Morgan Chase Bank, N.A., as acquirer of certain 3 assets and liabilities of Washington Mutual Bank ("Washington Mutual"), and Plaintiff Actuate 4 Corporation ("Actuate"), through their respective counsel, hereby submit this joint stipulation and 5 proposed Order. 6 WHEREAS, this Court has set a Further Case Management Conference in this case for Friday, 7 June 19, 2009, at 3 pm; 8 9 WHEREAS, Counsel for Washington Mutual now has a conflict on June 19; and WHEREAS, the parties have agreed to continue the Further Case Management Conference by 10 one week, to Friday, June 26, if that date is convenient for the Court. ACCORDINGLY, the parties request that the Further Case Management Conference be July 10 12 continued until Friday, June 26, 2009, at 3 pm, or some other date and time thereafter convenient for 11 13 the Court. 14 IT IS SO STIPULATED. BERGESON, LLP 15 Dated: May 7, 2009 16 17 18 19 20 21 Dated: May 7, 2009 22 23 24 25 26 27 28 HOWREY LLP By: /s/ Hway-Ling Hsu Hway-Ling Hsu Attorneys for Plaintiff ACTUATE CORPORATION HOWREY LLP By: /s/ Benjamin K. Riley Benjamin K. Riley Attorneys for Defendant JP MORGAN CHASE BANK, N.A., AS ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK Case No. CV 08-2918 SI STIPULATION TO CONTINUE CMC; [PROPOSED] ORDER DM_US:22121432_1 -1- Case 3:08-cv-02918-SI Document 45 Filed 05/07/2009 Page 3 of 4 1 2 [PROPOSED] ORDER Pursuant to the stipulation of counsel, and good cause shown therefor, it is hereby ordered that July 10, 3 p.m. 4 the Further Case Management Conference in this matter shall be held on June __, 2009, at ____. 3 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 ________________________________ Hon. Susan Illston United States District Judge Case No. CV 08-2918 SI STIPULATION TO CONTINUE CMC; [PROPOSED] ORDER DM_US:22121432_1 -2- Case 3:08-cv-02918-SI Document 45 Filed 05/07/2009 Page 4 of 4 1 2 3 CERTIFICATION BY BENJAMIN K. RILEY PURSUANT TO GENERAL RULE NO. 45, SECTION X. RE E-FILING ON BEHALF OF MULTIPLE SIGNATORIES 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 Washington Mutual. The statements herein are made on 5 my personal knowledge, and if called as a witness I could and would testify thereto. 6 2. The above e-filed document contains multiple signatures. I declare that concurrence 7 has been obtained from each of the other signatories to file this jointly prepared document with the 8 Court. Pursuant to General Rule No. 45, I shall maintain records to support this concurrence for 9 subsequent production for the Court if so ordered, or for inspection upon request by a party until one 10 year after final resolution of the action (including appeal, if any). 11 I declare under penalty of perjury under the laws of the United States of America that the 12 foregoing is true and correct on May 7, 2009. 13 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 CONTINUE CMC; [PROPOSED] ORDER DM_US:22121432_1 -3-

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