Visa U.S.A. Inc. v. Audience Identification Inc.

Filing 39

ORDER extending deadline for mediation (tf, COURT STAFF) (Filed on 9/8/2009)

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

Robert Holtzapple (State Bar No. 145954) [e-mail] Eugene Y. Mar (State Bar No. 227071) [e-mail] Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff VISA U.S.A. INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

VISA U.S.A. INC., Plaintiff, vs. AUDIENCE IDENTIFICATION INC., Defendant & ThirdParty Plaintiff. vs. U.S. BANK NATIONAL ASSOCIATION, Third-Party Defendant.

Case No. CV 09 1176 SI STIPULATED REQUEST TO EXTEND TIME FOR MEDIATION AND [PROPOSED] ORDER _______________ The Honorable Susan Illston Trial Date: June 28, 2010

Plaintiff VISA U.S.A. INC. ("Visa") and Defendant AUDIENCE IDENTIFICATION INC. ("AII") respectfully submit the following stipulated request: WHEREAS, on June 25, 2009, this Court referred the parties to mediation to be conducted by September 16, 2009; WHEREAS, on August 7, 2009, the Court-appointed mediator, Mr. C. Delos Putz, conducted a teleconference with the parties to discuss mediation dates where the parties and Mr. Putz were unable to agree on a mutually available date for mediation on or before September 16,

STIPULATION AND [PROPOSED] ORDER Case No. CV 09 1176 SI

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2009; WHEREAS, the mediator informed the parties he would select September 16, 2009 as the proposed mediation date with the understanding that the parties would try to select a mutually available date and petition this Court for an extension in time; WHEREAS, lead counsel for Visa has a multi-day arbitration during the week of August 31, 2009 and a long-planned vacation during the week of September 14, 2009; WHEREAS, lead counsel for Aii has a long-planned medical procedure scheduled for September 16, 2009 and has a 4-week arbitration set to begin on September 21, 2009; WHEREAS, the parties have agreed with Mr. Putz to hold a mediation session on October 23, 2009, starting at 9:00 am; WHEREAS, the parties and any insurer representatives are required to attend the mediation in person pursuant ADR L-R 6-9 and will not further delay the mediation date absent an unforeseen and exceptional circumstance and a showing of good cause; WHEREAS, the parties have agreed, that if Aii counsel's 4-week arbitration is resolved prior to the end of the arbitration proceeding, Visa and Aii will meet and confer to schedule an earlier mediation session with Mr. Putz; WHEREAS, an extension in time to conduct the mediation by the end of October 2009 does not affect the case schedule; THEREFORE, the parties respectfully request that the Court grant an extension until October 30, 2009, for the parties to conduct a mediation pursuant to ADR L-R 6.

DATED: September 3, 2009.

FARELLA BRAUN & MARTEL LLP

By: /s/ Eugene Mar Eugene Mar Attorneys for Plaintiff VISA U.S.A. INC.

STIPULATION AND [PROPOSED] ORDER Case No. CV 09 1176 SI

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

FARBSTEIN & BLACKMAN, APC

By: /s/ John Blackman John S. Blackman Attorneys for Defendant AUDIENCE IDENTIFICATION INC.

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The stipulating parties shall appear October 23, 2009 to conduct a mediation

pursuant to ADR L-R 6. 2. The stipulating parties, their counsel and the insurer representatives are required to

attend the mediation in person pursuant ADR L-R 6-9. 3. The mediation date will not be further delayed absent an unforeseen and

exceptional circumstance and a showing of good cause.

Dated: The Honorable Susan Illston

STIPULATION AND [PROPOSED] ORDER Case No. CV 09 1176 SI

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