Coupons, Inc. v. Stottlemire

Filing 85

STIPULATION AND PROPOSED ORDER TO VACATE PRE-TRIAL AND TRIAL DATES AND SET FURTHER CASE MANAGEMENT CONFERENCE by Coupons, Inc. (Cusack, Dennis) (Filed on 7/17/2008) Modified on 7/18/2008 (bw, COURT STAFF).

Coupons, Inc. v. Stottlemire

Doc. 85

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

Neil A. Goteiner (State Bar No. 083524) Dennis M. Cusack (State Bar No. 124988) Carly O. Alameda (State Bar No. 244424) Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail], [e-mail], [e-mail] Attorneys for Plaintiff COUPONS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

COUPONS, INC., Plaintiff, vs. JOHN STOTTLEMIRE, and DOES 1-10, Defendants.

Case No. 5:07-CV-03457 HRL STIPULATION AND [PROPOSED] ORDER TO VACATE PRE-TRIAL AND TRIAL DATES AND SET FURTHER CASE MANAGEMENT CONFERENCE

Plaintiff Coupons, Inc. and Defendant John Stottlemire hereby submit this stipulation to vacate the pre-trial and trial dates set forth in the Case Management Conference Scheduling Order filed February 6, 2008, and request a further Case Management Conference to reset those dates. WHEREAS, the parties previously submitted a Case Management Statement, and participated in a Case Management Conference on February 5, 2008, setting forth pre-trial and trial dates; WHEREAS, on February 6, 2008 this Court issued a Case Management Conference Scheduling Order setting forth various pre-trial and trial dates; WHEREAS, Defendant subsequently filed a motion to dismiss Plaintiff's Second Amended Complaint on February 26, 2008; WHEREAS, this Court entered an Order on Defendant's motion to dismiss on July 2,
STIP AND [PROPOSED] ORDER TO VACATE PRETRIAL AND TRIAL DATES 5:07-CV-03457 HRL

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Dockets.Justia.com

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

2008, denying Defendant's motion in part, and granting it in part, and granting Plaintiff leave to amend its complaint by July 22, 2008; WHEREAS, the Fact Discovery Cutoff date is set at August 19, 2008, and the parties have not yet engaged in any discovery; WHEREAS, the parties plan to engage in discovery, but have continued to postpone engaging in discovery until it is clear which claims will proceed in the case; WHEREAS, the parties would like to vacate the current dates and set new dates in light of the circumstances of the motion to dismiss and current leave to amend, and the approaching discovery cutoff dates; IT IS HEREBY STIPULATED by and between the parties hereto that the pre-trial and trial dates set forth in the Case Management Conference Scheduling Order will be vacated, and a further Case Management Conference will be set during which the parties will propose a new schedule of dates. Dated: July 17, 2008 FARELLA BRAUN & MARTEL LLP

By:

/s/ Dennis M. Cusack Attorneys for Plaintiff COUPONS, INC.

Dated: July 17, 2008

By:

/s/ John Stottlemire Defendant, pro se

ORDER Good cause appearing therefor, IT IS HEREBY ORDERED that the pre-trial and trial dates set forth in the Case Management Conference Scheduling Order are hereby vacated, and a further Case Management Conference is set for ________________. DATED:
STIP AND [PROPOSED] ORDER TO VACATE PRETRIAL AND TRIAL DATES 5:07-CV-03457 HRL

The Honorable Howard R. Lloyd -222675\1637773.1

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

PROOF OF SERVICE I, the undersigned, declare that I am a resident of the State of California, employed in the County of San Francisco, over the age of eighteen years and not a party to the within action. My business address is: Farella Braun + Martel LLP, 235 Montgomery Street, 17th Floor, San Francisco, California 94104. On this date I served the within document(s): STIPULATION AND [PROPOSED] ORDER TO VACATE PRE-TRIAL AND TRIAL DATES AND SET FURTHER CASE MANAGEMENT CONFERENCE X BY ELECTRONIC FILING: the within document(s), the automatically generated notification for which constitutes service pursuant to General Order 45, Section IX(A) and (B). MAIL: by placing a true copy thereof, addressed as set forth below and enclosed in a X sealed envelope with postage thereon fully prepaid and deposited for collection and mailing with the U.S. Postal Service. I am readily familiar with the ordinary business practice of this office for processing mail. John Stottlemire 33103 Lake Garrison Street Fremont, CA 94555 I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed in San Francisco, California on July 17, 2008.

/s/ Deborah Lynch

STIP AND [PROPOSED] ORDER TO VACATE PRETRIAL AND TRIAL DATES 5:07-CV-03457 HRL

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