Race v. Bally Technologies, Inc.

Filing 66

ORDER re 64 granting STIPULATION Rescheduling Jury Trial. Jury Trial set for 3/2/2009 08:30 AM. Pretrial Conference set for 2/10/2009 02:00 PM.. Signed by Judge Claudia Wilken on 2/17/08. (scc, COURT STAFF) (Filed on 12/17/2008)

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Cliff Palefsky, Esq. (Bar No. 77683) Carolyn Leary, Esq. (Bar No. 226845) McGUINN, HILLSMAN & PALEFSKY 535 Pacific Avenue San Francisco, CA 94133 Telephone: [phone] Attorneys for Plaintiff STEPHEN RACE Ethan D. Dettmer, Esq. (Bar No. 110613) Jaime D. Byrnes, Esq. (Bar No. 179838) Kevin Clune, Esq. (Bar No. 248681) GIBSON DUNN & CRUTCHER LLP 555 Mission Street, Suite 3000 San Francisco, CA 94105-2933 Telephone: [phone] Attorneys for Defendant BALLY TECHNOLOGIES, INC.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

STEPHEN RACE, Plaintiff, v. BALLY TECHNOLOGIES, INC., a Nevada Corporation, Defendant.

CASE NO. C07-5475 CW STIPULATION AND ORDER RE SCHEDULING JURY TRIAL Old Date: New Date: Judge: Location: February 2-3, 2009 March 2-3, 2009 Hon. Claudia Wilken Courtroom 2, 4th Floor

STIPULATION & PROPOSED ORDER RE: SCHEDULING JURY TRIAL

CASE NO. C07-5475 CW

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Gibson, Dunn & Crutcher LLP

WHEREAS this Court ordered a two-day jury trial commencing at 8:30 a.m. on February 2, 2009; WHEREAS Plaintiff's counsel has a trial in San Francisco Superior Court in the case J. Daniel Plants v. ThinkEquity Partners LLC, et al., Case No. CGC-07-467247, which is scheduled to begin on January 26, 2009 and which appears unlikely to settle; WHEREAS Plaintiff's counsel has an administrative hearing before the U.S. Department of Labor, Office of Administrative Law Judges, in the case Matthew Gloss v. Marvell Technologies Group, Ltd., Case No. 9-3290-07-067, which is scheduled to begin on February 2, 2009; WHEREAS the key defense witness will be traveling out of the country around the time of the trial, and needs certainty as to the trial date; WHEREAS the parties continue to engage in mediation facilitated by Deborah Melinkoff and believe that the clarity provided by the Court's Order Denying Summary Judgment will prove beneficial to this process; WHEREAS the parties, witnesses and their counsel are all available for trial on March 2-3, 2009; WHEREAS key defense witnesses are unavailable from March 18, 2009 through April 15, 2009; /// /// /// /// /// /// /// /// /// /// /// 1
STIPULATION & PROPOSED ORDER RE: SCHEDULING OF JURY TRIAL CASE NO. C07-5475 CW

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Gibson, Dunn & Crutcher LLP

IT IS THEREFORE STIPULATED AND AGREED AMONG THE PARTIES AS FOLLOWS: 1. The jury trial, currently set for February 2, 2009 at 8:30 am, in Courtroom 2, shall be

continued to March 2, 2009 at 8:30 am, or the soonest available date thereafter upon which the court is available. 2. The pre-trial conference shall be set for February 20, 2009, at 2:00 p.m., and all other

pending dates for disclosures and filings shall be adjusted in accordance. 3. Nothing in this agreement shall be construed to prejudice or limit any party's rights to

make or oppose any application or motion with respect to coordination or future scheduling of these or other matters.

DATED: December 11, 2008

GIBSON, DUNN & CRUTCHER LLP ETHAN D. DETTMER JAIME D. BYRNES

By:

/s/ Jaime D. Byrnes Jaime D. Byrnes

.

Attorneys for Bally Technologies, Inc.

DATED: December 11, 2008

McGUINN, HILLSMAN & PALEFSKY CLIFF PALEFSKY CAROLYN LEARY

By:

/s/ Cliff Palefsky Cliff Palefsky

.

Attorneys for Stephen Race

IT IS SO ORDERED. ___________________________________________ Honorable Claudia Wilken 2
STIPULATION & PROPOSED ORDER RE: SCHEDULING OF JURY TRIAL CASE NO. C07-5475 CW

12/17/08 DATE:___________________