Optimal Markets Inc v. FTI Consulting, Inc. et al

Filing 32

STIPULATION AND ORDER Extending Time to Respond to Counterclaims and continuing the Case Management Conference from 4/17/09 to 5/1/2008 10:00 AM.. Signed by Judge Samuel Conti on 3/10/09. (tdm, COURT STAFF) (Filed on 3/10/2009)

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MICHAEL A. JACOBS (CA SBN 111664) [e-mail] SHANE BRUN (CA SBN 179079) [e-mail] ALEXEI KLESTOFF (CA SBN 224016) [e-mail] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: 415.268.7522 Attorneys for Plaintiff OPTIMAL MARKETS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

OPTIMAL MARKETS, INC., Plaintiff, v. FTI CONSULTING, INC., AUCTION TECHNOLOGIES, LLC, AUCTION TECHNOLOGIES, INC., XONOMIC INC., DAVID SALANT, HAROLD LEA, PAUL MILGROM, and DOES 1-10, Defendants. DAVID SALANT, HAROLD LEA, PAUL MILGROM, AUCTION TECHNOLOGIES, LLC, AUCTION TECHNOLOGIES, INC., Counterclaimants, v. OPTIMAL MARKETS, INC., Counterdefendant.

Case No.

08-05765-SC

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COUNTERCLAIMS AND EXTENDING DATE FOR CASE MANAGEMENT CONFERENCE

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COUNTERCLAIMS AND EXTENDING DATE FOR CASE MANAGEMENT CONFERENCE CASE NO. 08-05765-SC sf-2652443

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Pursuant to Civil Local Rules 6-2 and 7-12, the parties, by and through their respective counsel, hereby stipulate as follows: WHEREAS, pursuant to a stipulation filed on January 26, 2009, the parties agreed that defendants would have until February 13, 2009 to file their answer to Optimal Markets' first amended complaint; WHEREAS, by notice dated January 28, 2009, the Court set a Case Management Conference for April 17, 2009 at 10:00 a.m.; WHEREAS, pursuant to Federal Rule of Procedure Rule 12(a)(1)(B), Optimal Markets, Inc.'s answer to defendants David Salant, Harold Lea, Paul Milgrom, Auction Technologies, LLC, Auction Technologies, Inc.'s counterclaims is presently due on March 9, 2009; WHEREAS, Optimal Markets has recently engaged new counsel and thereby needs additional time for investigation to properly respond to the counterclaims; WHEREAS, the parties will require a period of time following Optimal Markets' response to the counterclaims to prepare for and conduct an early conference pursuant to Federal Rule of Procedure Rule 26(f)(2) more than 21 days prior to the Case Management Conference; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, SUBJECT TO THE APPROVAL OF THE COURT: 1. Optimal Markets shall have until March 23, 2009 to file a response to defendants' counterclaims. 2. The initial Case Management Conference set in this action shall be extended from April 17, 2009 to May 1, 2009, at 10:00 a.m. // // // // // // 1
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COUNTERCLAIMS AND EXTENDING DATE FOR CASE MANAGEMENT CONFERENCE CASE NO. 08-05765-SC sf-2652443

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LATHAM & WATKINS LLP Robert Steinberg Daniel Scott Schecter By: __/s/ Daniel Scott Schecter______ Daniel Scott Schecter Attorneys for Defendants FTI CONSULTING, INC., AUCTION TECHNOLOGIES, LLC, AUCTION TECHNOLOGIES, INC., XONOMIC INC., DAVID SALANT, HAROLD LEA, PAUL MILGROM MORRISON & FOERSTER LLP Michael A. Jacobs Shane Brun Alexei Klestoff By: /s/ Shane Brun Shan Brun

Attorneys for Plaintiff Optimal Markets, Inc.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

10 Dated: March _____, 2009
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E-Filing Attestation: I, Alexei Klestoff, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Extending Time to Respond to Counterclaims and Extending Date for Case Management Conference. In compliance with General Order 45, X.B., I hereby attest that Shane Brun and Daniel Scott Schecter have concurred in this filing.

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COUNTERCLAIMS AND EXTENDING DATE FOR CASE MANAGEMENT CONFERENCE CASE NO. 08-05765-SC sf-2652443

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