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

Filing 36

ORDER Granting 35 Stipulation Extending Time to Respoond to Conterclaims. Signed by Judge Samuel Conti on 3/23/09. (fj, COURT STAFF) (Filed on 3/23/2009)

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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

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COUNTERCLAIMS CASE NO. 08-05765-SC sf-2659975

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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 A mended C omplaint; WHEREAS, Defendants answered the First Amended Complaint on February 13, 2009, and on that same date, Defendants Auction Technologies, LLC, Auction Technologies, Inc., David Salant, Harold Lea, and Paul Milgrom asserted Counterclaims against Optimal Markets. WHEREAS, pursuant to a stipulation filed on March 9, 2009, the parties agreed that Optimal Markets would have an extension until March 23, 2009 (from the original deadline of March 9, 2009) to answer Defendants David Salant, Harold Lea, Paul Milgrom, Auction Technologies, LLC, and Auction Technologies, Inc.'s Counterclaims, on account of Optimal Market's recent engagement of new counsel; WHEREAS, Optimal Markets' new counsel needs further time for investigation to properly respond to the Counterclaims and to prepare its answer; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, SUBJECT TO THE APPROVAL OF THE COURT: 1. Optimal Markets shall have until April 6, 2009 to file a response to Defendants' Counterclaims. // // // // // 1

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COUNTERCLAIMS CASE NO. 08-05765-SC sf-2659975

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Dated: March 20, 2009

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

Dated: March 20, 2009

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.

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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. In compliance with General Order 45, X.B., I hereby attest that Shane Brun and Daniel Scott Schecter have concurred in this filing.

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COUNTERCLAIMS CASE NO. 08-05765-SC sf-2659975

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ED O EDER SOBLR SAMUEL CONTI HONORA IT IS
United States District Court Judge

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