Federal Trade Commission v. The Billing Resource et al

Filing 86

ORDER Continuing Status Conference from 11/17/2008 to 12/22/2008 re 85 Status Report. Stipulated Dismissal or Joint Status Statement due 12/12/2008. Status Conference set for 12/22/2008 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 11/12/2008. (ecg, COURT STAFF) (Filed on 11/13/2008)

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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 Four Embarcadero Center, 17th Floor 4 San Francisco, California 94111-4106 Telephone: 415-434-9100 5 Facsimile: 415-434-3947 Email: mahrens@sheppardmullin.com ssacks@sheppardmullin.com 6 UNIT ED S S DISTRICT TE C TA ER 7 Attorneys for The Billing Resource, dba C Integretel N OF D IS T IC T 8 R UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 In re: 13 THE BILLING RESOURCE, dba 14 Integretel, a California Corporation, 15 16 FEDERAL TRADE COMMISSION, 17 Movant, 18 19 20 THE BILLING RESOURCE, dba 21 Integretel, a California corporation, 22 23 24 25 26 27 28 Civ. Case No. C-07-5758-JW W02-WEST:5SS1\401128398.1 Civ. Case No. C-07-5758-JW Bk Case No. 07-52890 Debtor. Adv. Pro. No. 07-05156 v. Date: Time: Court: November 17, 2008 10:00 a.m. Hon. James Ware Respondent. JOINT STATUS CONFERENCE STATEMENT ORDER CONTINUING STATUS CONFERENCE JOINT STATUS CONFERENCE STATEMENT A LI FO mes Wa Judge Ja re R NIA ERED O ORD D IT IS S DIFIE AS MO RT U O NO RT H 1 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, the 11 Commissioners of the FTC, and the Southern District of Florida District Court. The 12 Proposed Settlement was also conditioned on closing of a sale of the operating assets of 13 TBR, which occurred on October 31, 2008. The only thing remaining is for the parties to 14 close the Proposed Settlement, which they expect to do shortly. 15 2. The Parties respectfully request that the Court continue the status conference 16 for approximately 30 days for the Parties to close the Proposed Settlement and file a 17 stipulated dismissal. 18 Dated: November 6, 2008 19 20 21 22 23 24 25 26 27 28 W02-WEST:5SS1\401128398.1 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: November 6, 2008 2 3 4 5 6 7 Dated: November 6, 2008 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W02-WEST:5SS1\401128398.1 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 *** For good cause shown, the Court continues the Status Conference presently scheduled for November 17, 2008 to December 22, 2008 at 10 a.m. On or before December 12, 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: November 12, 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. 1 -2- JOINT STATUS CONFERENCE STATEMENT

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