Valentine et al v. Nebuad, Inc. et al

Filing 196

STIPULATION AND ORDER continuing the Further Case Management Conference and motion hearing to 5/17/2010 at 10:00 AM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 03/30/10. (rbe, COURT STAFF) (Filed on 3/30/2010)

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SCOTT KAMBER (pro hac vice) [e-mail] DAVID A. STAMPLEY [e-mail] (pro hac vice) KAMBERLAW, LLC 11 Broadway, 22nd Floor New York, New York 10004 Telephone: [phone] Facsimile: [phone] JOSEPH H. MALLEY (pro hac vice) LAW OFFICE OF JOSEPH H. MALLEY, P.C. 1045 North Zang Boulevard Dallas, Texas 75208 Telephone: [phone] Facsimile: [phone]
DAVID C. PARISI (SBN 162248) SUZANNE HAVENS BECKMAN (SBN 188814) [e-mail] [e-mail]

ROBERT A. WEIKERT (State Bar No. 121146) [e-mail] TALLEY E. MCINTYRE (State Bar No. 203131) [e-mail] NIXON PEABODY LLP One Embarcadero Center, 18th Floor San Francisco, California 94111-3600 Telephone: [phone] Fax: [phone] JASON C. KRAVITZ (pro hac vice) [e-mail] NIXON PEABODY LLP 100 Summer Street Boston, MA 02110-2131 Telephone: [phone] Fax: [phone]

PARISI & HAVENS LLP
15233 Valleyheart Drive Sherman Oaks, California 91403 Telephone: [phone] Facsimile: [phone]

Attorneys for Plaintiffs Additional counsel listed on signature pages

Attorneys for Defendant, NEBUAD, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DAN VALENTINE, et al., Plaintiffs, vs. NEBUAD, INC., et al., Defendants. No. C08-cv-05113 (TEH) STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND HEARING DATE FOR DEFENDANT NEBUAD, INC.'S MOTION TO DISMISS Hon. Thelton E. Henderson. Complaint Filed: November 10, 2008 Trial Date: None Set
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC AND HEARING DATE FOR DEFENDANT NEBUAD'S MOTION TO DISMISS -1NO. C08-CV-05113 (TEH)

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Pursuant to Local Rule 6-1, Plaintiffs and Defendant NebuAd, Inc. ("NebuAd") hereby stipulate and agree as follows: 1. On November 16, 2010, the Court set the further Case Management Conference

for March 1, 2009. (See DKT. 180). On December 10, 2009, the parties filed a stipulation and proposed order, which was issued by the Court, to continue the hearing for NebuAd's Motion to Dismiss, (DKT. 4), also to March 1, 2010. (DKTS. 186,187). 2. On February 22, 2010, the parties filed a joint stipulation and proposed order,

which was issued by the Court, to continue the further Case Management Conference and NebuAd's Motion to Dismiss to April 5, 2010. (DKTS. 193, 194). 3. The parties stipulate that the further Case Management Conference and hearing on

NebuAd's Motion to Dismiss (DKT. 4) shall be continued to May 17, 2010. 4. Since the November 16, 2009 Case Management Conference, the parties have

advanced the litigation as discussed with the Court, including the commencement of discovery. 5. Defendant served its initial disclosures on December 18, 2009. As discussed at the

Case Management Conference, Defendant has succeeded in identifying a former NebuAd employee, who has been appointed as NebuAd's representative to assist with discovery and the defense. 6. As noted in the February 22, 2010 Joint Stipulation, the parties continue to be

engaged in, good faith settlement negotiations, which are multifaceted and involve the interests of parties and certain nonparties. The Parties are working diligently on settlement terms, but due to the complex nature of the settlement, an agreement has yet to be reached. 7. In light of the ongoing settlement discussions, the parties respectfully request the

Court's endorsement of the stipulation herein to continue the Case Management Conference and hearing on NebuAd's Motion to Dismiss. 8. desired. The Parties will make themselves available to update the Court in person if so

STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC AND HEARING DATE FOR DEFENDANT NEBUAD'S MOTION TO DISMISS

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NO. C08-CV-05113 (TEH)

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Dated: March 29, 2010

Respectfully submitted, KamberLaw, LLC

By:

/s/ David A. Stampley DAVID A. STAMPLEY Attorneys for Plaintiffs

Nixon Peabody LLP

Dated: March 29, 2010

By:

/s/ Talley E. McIntyre TALLEY E. MCINTYRE Attorneys for Defendant NebuAd, Inc.

BRIAN J. PANISH (SBN 116060) [e-mail] RAHUL RAVIPUDI (SBN 204519) [e-mail] PANISH, SHEA & BOYLE, LLP 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 Telephone: [phone] Facsimile: [phone]
Additional Attorneys for Plaintiffs

PURSUANT TO STIPULATION, IT IS SO ORDERED. 03/30/10 Dated: ______________ _____________________________________ Hon. Thelton E. Henderson United States District Judge
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