Federal Trade Commission v. The Billing Resource et al

Filing 84

ORDER Continuing Status Conference from 9/8/2008 to 11/17/2008 re 83 Notice (Other) filed by The Billing Resource. Stipulated Dismissal or Joint Status Report due by 11/7/2008. Status Conference set for 11/17/2008 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 9/3/2008. (ecg, COURT STAFF) (Filed on 9/3/2008)

N F 8 Attorneys for The Billing Resource, dba D IS T IC T O Integretel R 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12
13 14 In re: Civ. Case No. C-07-5758-JW Bk Case No. 07-52890

THE BILLING RESOURCE, dba 15 Integretel, a California Corporation, 16 17 18 19 20 21 v. Debtor. FEDERAL TRADE COMMISSION, Movant,

Adv. Pro. No. 07-05156

THE BILLING RESOURCE, dba 22 Integretel, a California corporation, 23 24 25 26 27 28
Civ. Case No. C-07-5758-JW
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Date: Time: Court:

September 8, 2008 10:00 a.m. Hon. James Ware

Respondent. JOINT STATUS CONFERENCE STATEMENT
ORDER CONTINUING STATUS CONFERENCE

JOINT STATUS CONFERENCE STATEMENT

A

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations 2 MICHAEL H. AHRENS, Cal. Bar No. 44766 3 STEVEN B. SACKS, Cal. Bar No. 98875 TIMOTHY C. PERRY, Cal. Bar No. 248543 4 Four Embarcadero Center, 17th Floor San Francisco, California 94111-4106 5 Telephone: [phone] Facsimile: 415-434-3947 [e-mail] 6 Email: [e-mail] [e-mail] 7

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D RDERE S SO O IED IT I DIF AS MO

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Defendant-appellant the Federal Trade Commission ("Commission"), defendant-

2 appellant David Chase, the Receiver appointed by the United States District Court for the 3 Southern District of Florida in FTC v. Nationwide Connections, Inc., No. 06-CV-801804 Ryskamp/Vitunac (S.D. Fla.) (the "Receiver"), and debtor-plaintiff-appellee The Billing 5 Resource dba Integretel ("Integretel") (collectively referred to herein as the "Parties") 6 hereby jointly submit the following status conference statement: 7 1. Counsel for Integretel, the Commission, and the Receiver have negotiated a

8 settlement of this dispute, including the appeals and motions pending before this Court (the 9 "Proposed Settlement") and are proceeding to fulfill the conditions to effectuating this 10 settlement. The Proposed Settlement has been approved by the Bankruptcy Court but has 11 not yet been approved by the Commissioners of the FTC or the Southern District of 12 Florida District Court. The Proposed Settlement is also conditioned on closing of a sale of 13 the operating assets of TBR, which has not yet occurred. Accordingly the parties are not 14 yet able to determine whether they will be able to file a stipulated dismissal of the 15 proceedings pending before this Court. 16 2. The Parties respectfully request that the Court continue the status conference

17 for approximately 45 days to allow the Parties to determine if they can finalize the 18 settlement and file a stipulated dismissal. 19 Dated: August 29, 2008 20 21 22 23 24 25 26 27 28
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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

By

/s/ STEVEN B. SACKS STEVEN B. SACKS Attorneys for Debtor THE BILLING RESOURCE, dba INTEGRETEL

-1-

JOINT STATUS CONFERENCE STATEMENT

1 Dated: August 29, 2008 2 3 4 5 6 7 Dated: August 29, 2008 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
1

DANNING, GILL, DIAMOND & KOLLITZ

By

/s/ Walter Oetzell1 WALTER OETZELL Attorneys for David Chase, as Receiver

By

/s/ Michael P. Mora MICHAEL P. MORA Attorney for The Federal Trade Commission

*** ORDER **** In light of the parties' representations, the Court continues the Status Conference presently scheduled for September 8, 2008 to November 17, 2008 at 10 a.m. On or before November 7, 2008, the parties shall file the appropriate Stipulated Dismissals. If no dismissals are on file by that date, the parties shall file an updated Status Report to inform the Court on the progress of their settlement efforts.

Dated: September 3, 2008

__________________________ JAMES WARE United States District Judge

Pursuant to General Order 45, § X(B), Steven B. Sacks attests that the signatories' concurrence in the filing of this document have been obtained. -2-

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JOINT STATUS CONFERENCE STATEMENT