Valentine et al v. Nebuad, Inc. et al

Filing 198

STIPULATION AND ORDER continuing the Case Management Conference and motion hearing to 6/28/2010 at 10:00 AM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 05/11/10. (rbe, COURT STAFF) (Filed on 5/11/2010)

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SCOTT KAMBER (pro hac vice) [e-mail] DAVID A. STAMPLEY [e-mail] (pro hac vice) KAMBERLAW, LLC 100 WALL STREET, 23rd Floor New York, New York 10005 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

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NO. 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, 2009, 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, 2009. (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). The Parties further stipulated (DKT. 195), which was further Ordered by the Court (DKT. 196), that the further Case Management Conference and hearing on NebuAd's Motion to Dismiss (DKT. 4) shall be continued to May 17, 2010. 3. Since the last continuance, the Parties have advanced the litigation as discussed

with the Court, including the completion of non-electronic document discovery. 4. As first 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. Specifically, the Parties have engaged in settlement discussions in person and by telephone. These discussions have included the Parties themselves, former directors and officers of NebuAd, as well as the insurance carriers. The Parties are working diligently on settlement terms, but due to the complex nature of the settlement, an agreement has yet to be reached. 5. The Parties hereby request that the further Case Management Conference and

hearing on NebuAd's Motion to Dismiss (DKT. 4) shall be continued to June 28, 2010. 6. This will be the final request for extension of the Case Management Conference

sought by the Parties. If the Parties have not completed their negotiations in the next 30 days, the Parties are prepared to move forward with the Case Management Conference. In light of the ongoing settlement discussions, the Parties respectfully request the Court's endorsement of the

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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stipulation herein to continue the Case Management Conference and hearing on NebuAd's Motion to Dismiss. 7. The Parties will make themselves available to update the Court if so desired. Respectfully submitted, KamberLaw, LLC By: /s/ David A. Stampley DAVID A. STAMPLEY Attorneys for Plaintiffs

Dated: May 10, 2010

Nixon Peabody LLP Dated: May 10, 2010 By: /s/ Robert A. Weikert ROBERT A. WEIKERT 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

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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GENERAL ORDER 45 CERTIFICATION I, Robert A. Weikert, hereby attest pursuant to N.D. Cal. General Order No. 45 that the concurrence to the filing of this document has been obtained from each signatory hereto. DATED: May 10, 2010 By: Nixon Peabody LLP _____/s/ Robert A. Weikert ROBERT A. WEIKERT Attorneys for Defendant NebuAd, Inc. PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: _____05/11/10__ _______

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Hon. Thelton E. Henderson United States District Judge

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

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