Race v. Bally Technologies, Inc.

Filing 69

ORDER re 68 granting STIPULATION re Scheduling of Pre-Trial Conference Submissions. Signed by Judge Claudia Wilken on 1/26/09. (scc, COURT STAFF) (Filed on 1/26/2009)

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Gibson, Dunn & Crutcher LLP

Ethan D. Dettmer, SBN 196046 Jaime D. Byrnes, SBN 237991 GIBSON, DUNN & CRUTCHER LLP 555 Mission Street, Suite 3000 San Francisco, California 94105 Telephone: [phone] Facsimile: [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 OF PRE-TRIAL CONFERENCE SUBMISSIONS Trial Date: Judge: Location: March 2-3, 2009 Hon. Claudia Wilken Courtroom 2, 4th Floor

STIPULATION & PROPOSED ORDER RE: SCHEDULING OF PRE-TRIAL CONFERENCE SUBMISSIONS CASE NO. C07-5475 CW

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Gibson, Dunn & Crutcher LLP

WHEREAS this Court ordered a two-day jury trial of this case, commencing at 8:30 a.m. on March 2, 2009, subject to availability given the scheduling of another trial with higher priority for the same day; WHEREAS the parties thereafter participated in numerous in-person and telephonic mediation sessions with Deborah Melinkoff; WHEREAS the parties' last session on January 20, 2009 culminated in a mediator's proposal; WHEREAS the parties require time to consider and for Bally to obtain approval from the Board of Directors to enter into the settlement; WHEREAS the mediator contacted this court on January 21, 2009 indicating that she believed that it would serve the interests of settlement to permit the parties to conserve the resources required to prepare the pre-trial conference submissions and instead focus their resources upon settlement; WHEREAS counsel for the parties expect that they will be able to prepare and file the pretrial submissions by February 3, 2009, if the parties are unable to reach settlement; // // // // // // // // // // // // // // // 1
STIPULATION & PROPOSED ORDER RE: SCHEDULING OF PRE-TRIAL CONFERENCE SUBMISSIONS 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 pre-trial conference will continue to be set for February 17, 2009, or the first day after that the court is available. 2. The pre-trial conference submissions will be due on February 3, 2009, instead of January 27, 2009. 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: January 22, 2009

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

By: Jaime D. Byrnes Attorneys for Bally Technologies, Inc.

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DATED: January 22, 2009

McGUINN, HILLSMAN & PALEFSKY CLIFF PALEFSKY CAROLYN LEARY

By: Cliff Palefsky Attorneys for Stephen Race IT IS SO ORDERED. ___________________________________________ Honorable Claudia Wilken 1/26/09 DATE:_____________

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STIPULATION & PROPOSED ORDER RE: SCHEDULING OF PRE-TRIAL CONFERENCE SUBMISSIONS CASE NO. C07-5475 CW