Federal Trade Commission v. Wellness Support Network, Inc. et al
Filing
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ORDER granting 62 STIPULATION to revise schedule filed by Robyn Held, Wellness Support Network, Inc., and Robert Held. Settlement Conference reset for 5/4/2012 at 09:30 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. Signed by Magistrate Judge Jacqueline Scott Corley on 1/23/2012. (ahm, COURT STAFF) (Filed on 1/23/2012)
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MITCHELL S. FUERST
Florida Bar No. 264598
mfuerst@fuerstlaw.com
ANDREW S. ITTLEMAN
Florida Bar No. 802441
aittleman@fuerstlaw.com
Fuerst Ittleman, PL
1001 Brickell Bay Drive, Suite 2002
Miami, Florida 33131
Telephone: (305) 350-5690
Facsimile: (305) 371-8989
Appearing pro hac vice
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LESLIE HOLMES
California Bar No. 192608
Leslie@HULawyers.com
HOLMES & USOZ, LLP
333 West Santa Clara Street, Suite 805
San Jose, California 95113
Telephone: (408) 292-7600
Facsimile: (408) 292-7611
Attorney for Defendants:
WELLNESS SUPPORT NETWORK, INC.,
ROBERT HELD, and
ROBYN HELD
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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,
Case No.: 3:10-cv-04879-JCS
JOINT STIPULATION TO REVISE
SCHEDULE; DECLARATION OF
ANDREW S. ITTLEMAN IN SUPPORT
v.
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WELLNESS SUPPORT NETWORK, INC., a Hearing Date: TBD
corporation, ROBERT HELD, individually and Courtroom A, 15th Floor
as an officer of Wellness Support Network,
Inc., and ROBYN HELD, individually and as
Magistrate Judge: Hon. Joseph C. Spero
an officer of Wellness Support Network, Inc.,
Defendants.
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3:10-cv-04879-JCS
JOINT STIPULATION TO REVISE SCHEDULE
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I.
INTRODUCTION AND PROCEDURAL HISTORY
On November 9, 2011, pursuant to a stipulation by the parties to revise schedule for this
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matter, (Dkt. #53), the Court entered an order (Dkt. #54) setting deadlines for, among other things,
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the exchange of export reports for settlement purposes and the settlement conference for this matter.
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Pursuant to this Court’s November 9, 2011 Order, settlement-only expert reports are currently
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due to be exchanged by January 31, 2012, and the case settlement conference before Magistrate
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Judge Corley is scheduled for March 14, 2012. (Dkt. #55). Additionally, on December 15, 2011, the
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Court entered an Order scheduling a case management conference in this matter for April 6, 2012.
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(Dkt. #61). However, given the volume of information in this matter to be reviewed by the parties’
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experts, the complexities associated with this case, as well as undersigned counsel’s scheduling
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conflicts, the parties have stipulated to extend these deadlines.
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For the reasons set forth above, pursuant to L.R. 6-2 and L.R. 7-12, the parties respectfully
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request that the deadlines set in the Court’s November 9, 2011 Order for the exchange of settlement-
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only expert reports be extended for a period of 30 days to March 1, 2012. The parties also
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respectfully request the Court to forward to the Honorable Magistrate Judge Corley the parties’
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request that the settlement conference scheduled for March 14, 2012, be rescheduled to any day in
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April of 2012 after April 17. The parties further request that the case management conference
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currently scheduled for April 6, 2012 be rescheduled to a date after the settlement conference has
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occurred.
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The parties respectfully note that irrespective of the change in dates for the settlement
conference and exchange of expert reports for settlement purposes, fact discovery will not be impeded
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by this proposed revised schedule.
The proposed schedule is set forth below.
3:10-cv-04879-JCS
JOINT STIPULATION TO REVISE SCHEDULE
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II.
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PROPOSED REVISED SCHEDULE
The parties propose the following modifications to the current schedule for this case:
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1.
The parties shall exchange expert reports for settlement purposes only by March 1,
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The case settlement conference scheduled before Magistrate Judge Corley for March
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2012.
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14, 2012, is requested to be reset for a date in April of 2012 after April 17 which is convenient for
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Magistrate Judge Corley.
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3.
The case management conference currently scheduled for April 6, 2012 is rescheduled
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to a date after the settlement conference has occurred.
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III.
CONCLUSION
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The parties respectfully request that the Court revise the schedule as set forth above, and
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submit our request regarding the Settlement Conference date to the Honorable Magistrate Judge
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Corley.
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Respectfully submitted,
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Dated: January 18, 2012
FUERST ITTLEMAN, PL
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HOLMES & USOZ, LLP
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By: /s/ Andrew S. Ittleman
Andres S. Ittleman
Mitchell S. Fuerst
Attorneys for Defendants, WELLNESS
SUPPORT NETWORK, ROBERT HELD, and
ROBYN HELD
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By: /s/ Leslie Holmes
Leslie Holmes
Attorney for Defendants, WELLNESS
SUPPORT NETWORK, ROBERT HELD, and
ROBYN HELD
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3:10-cv-04879-JCS
JOINT STIPULATION TO REVISE SCHEDULE
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Dated: January 18, 2012
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FEDERAL TRADE COMMISSION
By: /s/ Laura Fremont
Laura Fremont
Kenneth H. Abbe
Attorney for Plaintiff, FEDERAL TRADE
COMMISSION
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PURSUANT TO STIPULATION, IT IS SO ORDERED
January 23, 2012
DATED: _____________
_______________________________
JOSEPH C. SPERO
UNITED STATES MAGISTRATE JUDGE
Jacqueline Scott Corley
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The settlement conference scheduled for March 14, 2012 is vacated and rescheduled to
May 4, , 2012 at 9:30 a.m. before Magistrate Judge Corley. The settlement conference
order issued on September 16, 2011 remains in effect.
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3:10-cv-04879-JCS
JOINT STIPULATION TO REVISE SCHEDULE
DECLARATION OF ANDREW S. ITTLEMAN
IN SUPPORT OF JOINT STIPULATION TO REVISE SCHEDULE
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I, ANDREW S. ITTLEMAN, declare as follows:
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I am counsel for Wellness Support Network, Inc. (“Wellness”), Robert Held and
Robyn Held, (hereinafter collectively referred to as “Defendants”), Defendants in the abovecaptioned action. I make this Declaration in support of the foregoing Joint Stipulation to Revise
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Schedule. I have personal knowledge of each of the following facts, and would and could
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competently testify thereto if called upon to do so in a court of law.
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Reasons for the requested enlargement of time (Local Rule 6-2(a)(1)): The current
deadline for the parties to exchange expert reports for settlement purposes only is January 31, 2012,
and a settlement conference is currently scheduled before Magistrate Judge Corley for March 14,
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2012. Additionally, a case management conference is currently scheduled for April 6, 2012.
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However, given the volume of information in this matter to be reviewed by the parties’ experts, the
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complexities associated with this case, as well as undersigned counsel’s scheduling conflicts, the
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parties have stipulated to extend these deadlines and to respectfully ask the Court to convey to
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Magistrate Judge Corley a request that the settlement conference be rescheduled to a date in April of
2012 after April 17.
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3.
Disclosure of all previous time modifications (Local Rule 6-2(a)(2)): The Plaintiff
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filed its Complaint (Dkt #1) in this matter on October 28, 2010. Defendants’ initial deadline to
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respond to the Complaint was November 26, 2010. On November 24, 2010, the parties filed a
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stipulation (Dkt #5) to extend that deadline to December 29, 2010; to set the deadline for Plaintiff to
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file its opposition to any papers filed by Defendants responsive to the Complaint to January 14, 2011;
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and to set the hearing for such matters for February 4, 2011. The Court so ordered on November 29,
2010 (Dkt #6).
3:10-cv-04879-JCS
JOINT STIPULATION TO REVISE SCHEDULE
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On December 15, 2010, the parties filed a stipulation (Dkt #7) to modify the times set
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in the Court’s Order Setting Initial Case Management Conference and ADR Deadlines (Dkt #3). The
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Court so ordered on December 15, 2010 (Dkt #8).
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On January 26, 2011, the parties filed a Second Stipulation to Revise Schedule (Dkt
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#21) to modify the times set in the Court’s Order Setting Initial Case Management Conference and
ADR Deadlines (Dkt #3). The Court so ordered on January 27, 2011 (Dkt #22).
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On April 4, 2011, the Court entered an Order (Dkt #24) granting in part and denying
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in part Defendants’ Motion to Dismiss Complaint. As a result of this Order, the parties filed a Joint
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Stipulation (Dkt # 25) on April 18, 2011 to provide timeframes for Plaintiff to re-plead its Complaint
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in part and for Defendants to file responsive papers. The Court so ordered on April 18, 2011 (Dkt
#26).
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On May 12, 2011, the parties filed a Joint Stipulation to Revise Schedule (Dkt. #28) to
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extend by 20 days the time for Defendants to file pleadings responsive to Plaintiff’s First Amended
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Complaint (Dkt. #27), and to extend by 20 days the deadlines for the parties to perform the tasks
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required by the Court’s case management orders. The Court so ordered on May 16, 2011. (Dkt. #29).
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On June 15, 2011, the parties filed a Joint Stipulation (Dkt. # 32) to extend the
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deadlines for the Plaintiff to file its opposition to Defendants’ Motion to Dismiss, the Defendants’
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reply, and the deadlines for the parties to perform the tasks required by the Court’s case management
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orders. The Court so ordered on June 16, 2011. (Dkt. # 33).
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On June 28, 2011, the parties filed a Joint Stipulation to Revise Schedule (Dkt. # 34) to
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extend the deadlines for the Defendants to file their Reply to Plaintiff’s Opposition to Defendants’
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Motion to Dismiss. The Court so ordered on June 29, 2011. (Dkt. # 36).
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3:10-cv-04879-JCS
JOINT STIPULATION TO REVISE SCHEDULE
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On September 7, 2011, the parties filed a Joint Stipulation to Revise Schedule (Dkt. #
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42) to extend the deadlines for the parties to exchange initial disclosures. The Court so ordered on
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September 29, 2011. (Dkt. #43).
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On November 8, 2011, the parties filed a Joint Stipulation to Revise Schedule RE
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Exchange of Reports and Settlement Conference (Dkt. #53) to extend deadlines for the exchange of
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export reports for settlement purposes only and to reschedule the case settlement conference in this
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matter. The Court so ordered on November 9, 2011. (Dkt. #54).
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4.
Description of the effect the requested time modification would have on the
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schedule for the case (Local Rule 6-2(a)(3)): The proposed time modifications would extend to
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March 1, 2012 the date by which the parties must exchange expert reports for settlement purposes
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only. It would also, if the Court requests and Magistrate Judge Corley agrees, reschedule the March
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14, 2012 settlement conference to a day in April after April 17, 2012 of Judge Corley’s choosing. The
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proposed time modifications would reschedule the April 6, 2012 case management conference to a
day after the case settlement conference of your honor’s choosing. However, irrespective of the
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change in dates for the settlement conference and exchange of expert reports for settlement purposes,
fact discovery has commenced and will not be impeded by this revised schedule.
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I declare under penalty of perjury under the laws of the United States of America that the
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foregoing is true and correct, and that this Declaration was executed on January 18, 2012 at Miami,
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Florida.
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/s/ Andrew S. Ittleman
Andrew S. Ittleman
Attorney for Defendant
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3:10-cv-04879-JCS
JOINT STIPULATION TO REVISE SCHEDULE
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