Perfect 10, Inc. v. Visa International Service Association et al

Filing 25

Perfect 10, Inc. v. Visa International Service Association et al

Doc. 25

Case 5:04-cv-00371-JW

Document 25

Filed 05/11/2004

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TOWNSEND AND TOWNSEND AND CREW LLP DANIEL J. FURNISS (State Bar No. 73531) MARK T. JANSEN (State Bar No. 114896) JOHN C. BAUM (State Bar No. 167570) Two Embarcadero Center, Eighth Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant VISA INTERNATIONAL SERVICE ASSOCIATION

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION PERFECT 10, INC., a California corporation, Plaintiff, v. VISA INTERNATIONAL SERVICE ASSOCIATION; FIRST DATA CORP, a corporation; CARDSERVICE INTERNATIONAL, INC., a corporation; MASTERCARD INTERNATIONAL INCORPORATED, a corporation; HUMBOLDT BANK, a national banking association; and DOES 1 through 100, inclusive, Defendant. Case No. CV 04 00371 JW (PVT)

STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE The Hon. James Ware Courtroom 8, 4th Floor

The parties to this action through their counsel of record respectfully submit the following stipulation for entry of an order continuing the Initial Case Management Conference, initially noticed by the Court to take place on Monday, June 7, 2004, to a date in July, 2004, preferably Monday, July 12, 2004 or Monday, July 19, 2004. WHEREAS, this Court on March 9, 2004, issued its Case Management Conference Notice setting Monday, June 7, 2004, as the Initial Case Management Conference in the case; WHEREAS, all defendants have filed a consolidated motion to dismiss all claims contained in
STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE CASE NO. CV 04 00371 JW (PVT)

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Case 5:04-cv-00371-JW

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plaintiff's Complaint, which motion is not scheduled to be heard by the Court until Monday, June 14, 2004; and WHEREAS, the parties believe that the interests of justice and convenience of the parties and Court would best be served by continuing the Initial Case Management Conference until a date approximately one month after the scheduled hearing on Defendants' Motion to Dismiss; NOW THEREFORE, for good cause and pursuant to Local Rules 7-10(b), 7-11, plaintiff and defendants hereby stipulate, through their attorneys of record, as follows: 1. That the Initial Case Management Conference set in this case be continued from June 7, 2004 to Monday, July 12, 2004. 2. That if the Court is unable to conduct the Case Management Conference on Monday, July 12, 2004, that the Court set the Initial Case Management Conference for Monday, July 19, 2004, or as soon thereafter as is convenient for the Court. IT IS SO AGREED. DATED: May 11, 2004 Respectfully submitted, TOWNSEND AND TOWNSEND AND CREW LLP By: /s/ DANIEL J. FURNISS MARK T. JANSEN JOHN C. BAUM Attorneys for Defendant VISA INTERNATIONAL SERVICE ASSOCIATION

DATED: May 11, 2004

KING, HOLMES, PATERNO & BERLINER, LLP By: /s/ HOWARD E. KING STEPHEN D. ROTHSCHILD Attorneys for Plaintiff PERFECT 10, Inc.

STIPULATION AND PROPOSED ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE CASE NO. CV 04 00371 JW (PVT)

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DATED: May 11, 2004

KEKER & VAN NEST LLP By: /s/ MICHAEL H. PAGE Attorneys for Defendants FIRST DATA CORP. CARDSERVICE INTERNATIONAL, INC. HUMBOLDT BANK

DATED: May 11, 2004

WINSTON & STRAWN LLP By: /s/ ANDREW P. BRIDGES Attorneys for Defendant MASTERCARD INTERNATIONAL INCORPORATED

ORDER Pursuant to Stipulation, it is ordered that the Initial Case Management Conference presently scheduled for June 7, 2004, be conducted on Monday, July ___, 2004, at 10:00 a.m.

17 Dated: May __, 2004 18 19 20 21 22 23 24 25 26 27 28
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_____________________________ The Hon. Judge James Ware United States District Judge

STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE CASE NO. CV 04 00371 JW (PVT)

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PROOF OF SERVICE CASE NO. CV 04 00371 JW (PVT)

PROOF OF SERVICE I, Linda M. Tan, declare: I am employed in the City and County of San Francisco, California in the office of a member of the bar of this court at whose direction this service was made. I am over the age of eighteen and not a party to this action. My business address is Townsend and Townsend and Crew LLP, Two Embarcadero Center, Eighth Floor, San Francisco, California, 94111. On May 11, 2004, I served the following documents exactly entitled: STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE on the interested parties in this action by placing a true and correct copy thereof, on the above date, enclosed in a sealed envelope, following the ordinary business practice of Townsend and Townsend and Crew LLP, as follows: Howard E. King Stephen D. Rothschild KING, HOLMES, PATERNO & BERLINER LLP 1900 Avenue of the Stars, 25th Floor Los Angeles, CA 90067 [phone] (tel); [phone] (fax) email: [e-mail] Andrew P. Bridges, Esq. WINSTON & STRAWN LLP 101 California Street, Suite 3900 San Francisco, CA 94111 [phone] (tel); [phone] (fax) email: [e-mail] [] [] Jeffrey N. Mausner John R. Yates BERMAN, MAUSNER & RESSER 11601 Wilshire Boulevard, Suite 600 Los Angeles, CA 90025-1742 [phone] (tel); [phone] (fax) email: [e-mail] Michael H. Page, Esq. KEKER & VAN NEST LLP 710 Sansome Street San Francisco, CA 94111-1704 [phone] (tel); [phone] (fax) email [e-mail]

HAND-DELIVERY: I caused such document[s] to be delivered by a courier service on the same day. FACSIMILE TRANSMISSION: I caused such document[s] to be sent by facsimile transmission to the above-listed fax number for the party(ies) indicated.

E-FILING AND/OR E-MAILING DOCUMENT [] ELECTRONIC TRANSMISSION: I caused said document to be sent by electronic transmission to the e-mail address indicated for the party(ies) listed above. The transmitting terminal address [e-mail]. ONLY E-FILING DOCUMENT [x] ELECTRONIC TRANSMISSION: I declare that a copy of said document(s) was filed electronically on May 11, 2004. Notice of this filing will be sent to all parties by operation of the Court's electronic filing system. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct, and that this declaration was executed on May 11, 2004, at San Francisco, California. /s/ Linda M. Tan
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