Federal Trade Commission v. Wellness Support Network, Inc. et al

Filing 54

STIPULATION AND ORDER TO REVISE SCHEDULE RE EXCHANGE OF REPORTS AND SETTLEMENT CONFERENCE. Signed by Judge Joseph C. Spero on 11/9/11. (klhS, COURT STAFF) (Filed on 11/9/2011)

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WILLARD K. TOM
General Counsel
LAURA FREMONT, Bar No. 159670
KENNETH H. ABBE, Bar No. 172416
Federal Trade Commission
901 Market Street, Suite 570
San Francisco, CA 94103
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Federal Trade Commission

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
San Francisco Division

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FEDERAL TRADE COMMISSION,

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Plaintiff,

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v.

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WELLNESS SUPPORT NETWORK,
INC., a corporation,

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ROBERT HELD, individually and as
an officer of Wellness Support
Network, Inc., and
ROBYN HELD, individually and as
an officer of Wellness Support
Network, Inc.,

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Hearing Date: TBD
Courtroom G, 15th Floor
JOINT STIPULATION TO
REVISE SCHEDULE RE
EXCHANGE OF REPORTS AND
SETTLEMENT CONFERENCE

Defendants.

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Case No. 3:10-cv-4879 JCS

I.

INTRODUCTION AND PROCEDURAL HISTORY
At a case management conference held September 16, 2011, the Court

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ordered the parties to disclose expert reports within 90 days, for settlement

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purposes only. Civil Minutes (Dkt. #48). Based on this order, the parties

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calculated the due date for exchange of these expert reports to be December 15,

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2011. The Court also referred the case to the Honorable Magistrate Judge Corley

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STIPULATION TO REVISE SCHEDULE FOR REPORTS & SETTLEMENT CONF

3:10-CV-4879 JCS

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for a settlement conference, which she subsequently scheduled for February 3,

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2012 (Dkt. #49).
For the reasons described below, and pursuant to L.R. 6-2 and L.R. 7-12,

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the parties respectfully request the Court to extend the date for exchange of

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settlement-only expert reports to January 31, 2012. The parties also respectfully

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request the Court to forward to the Honorable Magistrate Judge Corley the

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parties’ request that the settlement conference scheduled for February 3, 2012, be

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rescheduled to any day in March, 2012 which is convenient to Magistrate Judge

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Corley’s schedule. The parties respectfully make these requests for three

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reasons: (1) One party’s expert will be overseas for several weeks prior to

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December 15, participating in a study which was scheduled before the December

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15 deadline was set; (2) The parties are working on provision of additional

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materials pursuant to the expert report process; and (3) Counsel for one party is

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located in Florida and is unable to attend a settlement conference in February due

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to the expected birth of a child.

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II.

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PROPOSED REVISED SCHEDULE
The parties shall exchange expert reports for settlement purposes

only by January 31, 2012.
2.

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The case settlement conference scheduled before Magistrate Judge

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Corley for February 3, 2012, is requested to be reset for a date in March, 2012

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which is convenient to Magistrate Judge Corley.

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III.

CONCLUSION
The parties respectfully request that the Court revise the schedule as set

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forth above, and submit our request regarding the Settlement Conference date to

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the Honorable Magistrate Judge Corley.

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//

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//

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STIPULATION TO REVISE SCHEDULE FOR REPORTS & SETTLEMENT CONF

3:10-CV-4879 JCS

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Respectfully submitted,

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DATED: November 8, 2011

LAURA FREMONT
KENNETH H. ABBE
Attorneys for Plaintiff
FEDERAL TRADE COMMISSION

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_/s/ Laura Fremont__________________

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(The filer attests that concurrence in the filing of this document has been
obtained from each of the other signatories.)

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DATED: November 8, 2011

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___/s/Andrew S. Ittleman___________
MITCHELL S. FUERST
ANDREW S. ITTLEMAN
FUERST ITTLEMAN, PL
Attorneys for Defendants
WELLNESS SUPPORT NETWORK, Inc.,
ROBERT HELD, and ROBYN HELD

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Judge

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______________________________________
JOSEPH C. SPERO
UNITED STATES pMAGISTRATE JUDGE
. Spero
Jose h C
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ISTRIC
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UNIT
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DATED: 11/9/11

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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D IS T IC T O
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STIPULATION TO REVISE SCHEDULE FOR REPORTS & SETTLEMENT CONF

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