Verifone Holdings, Inc. v. Heartland Payment Systems, Inc.

Filing 16

STIPULATION AND ORDER RESCHEDULING PENDING DEADLINES UNTIL COMPLETION OF SETTLEMENT DISCUSSIONS re 13 Stipulation filed by Verifone Holdings, Inc. Signed by Judge Phyllis J. Hamilton on 1/13/10. (nah, COURT STAFF) (Filed on 1/13/2010)

1 Michael H. Steinberg (CSB No. 134179) 2 SULLIVAN & CROMWELL LLP 4 Facsimile: [phone] 5 Of Counsel: 6 Marc De Leeuw 7 David R. Dehoney 8 125 Broad Street 10 12 13 14 15 16 17 18 corporation, 19 20 21 22 23 24 25 26 27 28
SULLIVAN & CROMWELL LLP

([e-mail])

3 Los Angeles, California 90067-1725
Telephone: [phone]

1888 Century Park East, Suite 2100

James T. Williams

SULLIVAN & CROMWELL LLP New York, New York 10004 Facsimile: [phone] Attorneys for Plaintiffs

9 Telephone: [phone] VeriFone Israel Ltd. and
VeriFone Holdings, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND
VERIFONE HOLDINGS, INC., a Delaware ) ) ) Plaintiff, ) ) v. ) ) HEARTLAND PAYMENT SYSTEMS, ) INC., a Delaware corporation, ) ) Defendant. ) ) ) ) ) CASE NO. C09-05296 PJH STIPULATION AND [PROPOSED] ORDER RESCHEDULING PENDING DEADLINES UNTIL COMPLETION OF SETTLEMENT DISCUSSIONS

STIPULATION AND [PROPOSED] ORDER RESCHEDULING DEADLINES PENDING SETTLEMENT DISCUSSIONS Case No. C09-05296 PJH

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WHEREAS, VeriFone Holdings, Inc. ("Plaintiff") and Heartland Payments

2 Systems, Inc. ("Defendant") are currently engaged in settlement discussions and believe that it 3 is reasonable to extend all current deadlines for a period of forty-five (45) days to avoid 4 expending time and resources of both the Court and the parties that may become unnecessary 5 if those discussions are successful; 6 8 2009; 9
WHEREAS, the Court in its November 6, 2009 Order set a deadline of WHEREAS, pursuant to Civil L.R. 6-1, the parties stipulated to extend the time

7 for Defendant to answer or otherwise respond to Plaintiff's Complaint until December 28,

10 January 21, 2010 for the parties to (1) meet and confer regarding initial disclosures, early 11 settlement, ADR process selection, and the discovery plan, (2) file ADR certification, and (3) 12 file either a Stipulation to ADR Process or a Notice of Need for ADR Phone Conference; 13
WHEREAS, the Court in its November 6, 2009 Order set a deadline of

14 February 4, 2010 for the parties to (1) file a Rule 26(f) Report, (2) complete initial disclosures, 15 and (3) file a Case Management Statement; 16 18 20 22 24 26 28 1
SULLIVAN & CROMWELL LLP

WHEREAS, the Court in its November 6, 2009 Order scheduled the Initial

17 Case Management Conference for February 11, 2010;
NOW THEREFORE, the parties, by and through their respective counsel,

19 hereby stipulate that:
1. All current deadlines in this case are hereby extended for a period of

21 forty-five (45) days.
2. Without limiting the generality of the foregoing, the following specific

23 deadlines are extended as follows:
a. The time for Defendants to answer or otherwise respond to Plaintiff's

25 Complaint shall be extended from December 28, 2009 to February 16, 2010.
b. The previous deadline of January 21, 2010 for the parties to (1) meet

27 and confer regarding initial disclosures, early settlement, ADR process selection, and the

STIPULATION AND [PROPOSED] ORDER RESCHEDULING DEADLINES PENDING SETTLEMENT DISCUSSIONS Case No. C09-05296 PJH

1 discovery plan, (2) file ADR certification, and (3) file either a Stipulation to ADR Process or a 2 Notice of Need for ADR Phone Conference shall be extended to March 8, 2010. 3
c. The previous deadline of February 4, 2010 for the parties to (1) file a 25

4 Rule 26(f) Report, (2) complete initial disclosures, and (3) file a Case Management Statement 5 shall be extended to March 22, 2010. 6
d. The Initial Case Management Conference with the Court currently April 1

7 scheduled for February 11, 2010 shall be rescheduled, subject to the Court's availability, to a 8 mutually agreeable time during the week of March 29, 2010 .or as soon thereafter as the Court 9 may be available. 10 12 13
/s/ Gregory S. Bishop /s/ Michael H. Steinberg Michael H. Steinberg (CSB 134179) SULLIVAN & CROMWELL LLP 1888 Century Park East, Suite 2100 Los Angeles, California 90067-1725 Telephone: [phone] Facsimile: [phone] Of Counsel: Marc De Leeuw James T. Williams David R. Dehoney SULLIVAN & CROMWELL LLP 125 Broad Street New York, New York 10004 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs VeriFone Israel Ltd. and VeriFone Holdings, Inc. S. Bishop (CSB 184680) 14 Gregory F. Fitzpatrick (CSB 194565) Thomas 15 Joseph R. Farris (CSB 263405) GOODWIN PROCTER LLP IT IS SO STIPULATED.

11 Dated: December 24, 2009

16 135 Commonwealth Drive Menlo Park, CA 94025

[phone] 17 Telephone: [phone] Facsimile: 18 Attorneys for Defendant

19 20 21 22 23 24 25 26 27 28

Heartland Payment Systems, Inc.

2
SULLIVAN & CROMWELL LLP

STIPULATION AND [PROPOSED] ORDER RESCHEDULING DEADLINES PENDING SETTLEMENT DISCUSSIONS Case No. C09-05296 PJH

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I, Michael H. Steinberg, am the ECF User whose ID and password are being

2 used to file this STIPULATION AND [PROPOSED] ORDER RESCHEDULING PENDING 3 DEADLINES UNTIL COMPLETION OF SETTLEMENT DISCUSSIONS. In compliance 4 with General Order 45, X.B., I hereby attest that Gregory S. Bishop concurred in this filing. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
SULLIVAN & CROMWELL LLP

/s/ Michael H. Steinberg Michael H. Steinberg

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING DEADLINES PENDING SETTLEMENT DISCUSSIONS Case No. C09-05296 PJH

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ORDER

THE FOREGOING STIPULATION IS APPROVED AND IS SO ORDERED.

UNIT ED

1/13/10 Dated: _______________________

________________________________________

THE HONORABLE ERED J. HAMILTON ORDPHYLLIS UNITED STATES DISTRICT JUDGE
J. Hami lton

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SULLIVAN & CROMWELL LLP

STIPULATION AND [PROPOSED] ORDER RESCHEDULING DEADLINES PENDING SETTLEMENT DISCUSSIONS Case No. C09-05296 PJH

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