Simon v. Adzilla, Inc [New Media] et al

Filing 74

ORDER RE: STIPULATION TO CONTINUE SECOND CASE MANAGEMENT CONFERENCE. The deadline to complete private mediation is continued to February 26, 2010, and the Case Management Conference is continued to March 12, 2010. Signed by Judge Maxine M. Chesney on January 25, 2010. (mmclc1, COURT STAFF) (Filed on 1/25/2010)

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COOLEY GODWARD KRONISH LLP
ATTORNEYS AT LAW S A N FR A N C I S C O

COOLEY GODWARD KRONISH LLP MICHAEL G. RHODES (116127) ([e-mail]) BEATRIZ MEJIA (190948) ([e-mail]) GAVIN L. CHARLSTON (253899) ([e-mail]) 101 California Street, 5th Floor San Francisco, CA 94111-5800 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant ADZILLA, INC. (erroneously named herein as "ADZILLA, INC. [NEW MEDIA]") UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SUSAN SIMON, an individual on behalf of herself and all other similarly situated, Plaintiff, v. ADZILLA, INC. [NEW MEDIA], a Delaware Corporation; CONDUCIVE CORPORATION, a Delaware Corporation; CONTINENTAL VISINET BROADBAND, INC., a Delaware Corporation; CORE COMMUNICATIONS, INC., d/b/a CORETEL COMMUNICATIONS, INC., a Delaware Corporation; and JOHN DOES 150, Corporations Defendants, Defendant. Case No. 3:09-CV-00879 MMC STIPULATION AND [PROPOSED] ORDER TO CONTINUE SECOND CASE MANAGEMENT CONFERENCE ; ORDER THEREON Date: January 29, 2010 Time: 10:30 a.m. Judge: Hon. Maxine M. Chesney

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE FURTHER CMC CASE NO. 3:09-CV-00879 MMC

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COOLEY GODWARD KRONISH LLP
ATTORNEYS AT LAW S A N FR A N C I S C O

Pursuant to Local Rule 6-2, Plaintiff Susan Simon ("Simon") and Defendant Adzilla, Inc. ("Adzilla") hereby stipulate and agree as follows: 1. An initial Case Management Conference ("CMC") was held in the above-

captioned action on October 9, 2009. At that hearing the Court ordered a second CMC for January 29, 2010 at 10:30 a.m., and also ordered that the parties complete private mediation by January 29, 2010. 2. Simon and Adzilla stipulate and request that the second CMC and mediation

deadline be continued four weeks, to February 26, 2010, for the following reasons. 3. The parties have been engaged in settlement discussions, but those discussions

have slowed because one of Adzilla's primary employees is currently undergoing treatment for a serious medical condition. That individual is the only available resource for analyzing Simon's technical claims, and his input is necessary to prepare for mediation and determine whether settlement at mediation or otherwise will be feasible. 4. Continuation of the second CMC for an additional four week period will enable

the parties to advance their settlement discussions and participate in mediation, if necessary. 5. In the event the parties are unable to resolve the case through mediation or

otherwise within the next four weeks, they will be prepared to attend the second CMC on or after February 26, 2010. Dated: January 22, 2010 COOLEY GODWARD KRONISH LLP MICHAEL G. RHODES BEATRIZ MEJIA GAVIN L. CHARLSTON /s/ Gavin L. Charlston Gavin L. Charlston Attorneys for Defendant ADZILLA, INC.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE SECOND CMC CASE NO. 3:09-CV-00879 MMC

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COOLEY GODWARD KRONISH LLP
ATTORNEYS AT LAW S A N FR A N C I S C O

Dated: January 22, 2010

KAMBERLAW LLC SCOTT KAMBER DAVID A. STAMPLEY /s/ Scott Kamber Scott Kamber Attorneys for Plaintiff SUSAN SIMON

PURSUANT TO STIPULATION, IT IS SO ORDERED: That the second Case Management Conference and private mediation deadline, both currently scheduled for January 29, 2010, are Specifically, the deadline to complete private mediation is continued to hereby continued. to _____________________________________________________________. February 26, 2010, and the Case Management Conference is continued to March 12, 2010. A Joint Case Management Statement shall be filed no later than March 5, 2010. January 25, 2010 DATED: ______________________ ________________________________________ HON. MAXINE M. CHESNEY United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE SECOND CMC CASE NO. 3:09-CV-00879 MMC