Farhang v. Indian institute of Technology Kharagpur et al

Filing 67

STIPULATION AND ORDER 66 Continuing Case Management Conference:Case Management Conference set for 10/30/2009 10:30 AM. Signed by Judge Ronald M. Whyte on 8/12/09. (jg, COURT STAFF) (Filed on 8/12/2009)

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I. NEEL CHATTERJEE (STATE BAR NO. 173985) [e-mail] THERESA A. SUTTON (STATE BAR NO. 211857) [e-mail] NITIN GAMBHIR (STATE BAR NO. 259906) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650-614-7401 Attorneys for Defendant INDIAN INSTITUTE OF TECHNOLOGY KHARAGPUR

*E-FILED - 8/12/09*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

MANDANA D. FARHANG, Plaintiff, v. INDIAN INSTITUTE OF TECHNOLOGY KHARAGPUR; TECHNOLOGY ENTREPRENEURSHIP AND TRAINING SOCIETY; PARTHA P. CHAKRABARTI; PALLAB DASGUPTA; PRAVANJAN CHOUDHRY; SUBRAT PANDA; ANIMESH NASKAR; and DOES 1-100,, Defendants.

Case No. C-08-02658-RMW (HRL) STIPULATION REQUESTING RESCHEDULING OF CASE MANAGEMENT CONFERENCE AND [] ORDER Date: August 21, 2009 Time: 10:30 a.m. Judge: Honorable Ronald M. Whyte

STIP. REQUESTING CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND [ ORDER C-08-02658-RMW (HRL)

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Defendant Indian Institute of Technology, Kharagpur ("IIT") through its undersigned counsel, and Plaintiff pro se Mandana D. Farhang ("Ms. Farhang"), hereby submit this Stipulation and [Proposed] Order to request the Court to move the case management conference. WHEREAS, there is currently a Case Management Conference scheduled for August 21, 2009, 10:30 a.m. WHEREAS, on July 9, 2009, Ms. Farhang filed her First Amended Complaint

WHEREAS, on July 23, 2009, IIT filed Motion To Dismiss First Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) and Motion to Dismiss the First Amended Complaint for Lack of Personal Jurisdiction, Lack of Subject Matter Jurisdiction, and Pursuant to the Doctrine of Forum Non-Conveniens ("the Motions"). The hearing on the Motions is scheduled for September 25, 2009, 9:00 a.m. WHEREAS, the parties agree that the Case Management Conference should be moved, subject to approval of the Court, to a date until after the Court has ruled on the Motions. The Court's ruling on the Motions will either resolve the case or likely substantially define the issues for discovery, motion practice or potential trial. WHEREAS, this stipulation shall in no way constitute consent by IIT to this Court's jurisdiction, nor waiver of IIT's sovereign immunity. THEREFORE, IIT and Ms. Farhang hereby stipulate to move the Case Management Conference in this matter, previously scheduled for August 21, 2009, to a date until after the Motions have been resolved.

IT IS SO STIPULATED.

STIP. REQUESTING CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND ORDER C-08-02658-RMW (HRL)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED.

[ ORDER]

GOOD CAUSE HAVING BEEN SHOWN, the hearing date for the Case Management Conference, currently scheduled for August 21, 2009, shall hereby be rescheduled to a date until after the Motions have been resolved. The Case Management Conference is hereby continued to October 30, 2009 at 10:30 a.m.

8/12/09 Dated:______________________

______________________________ Honorable Ronald M. Whyte United States District Judge Northern District of California

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STIP. REQUESTING CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND [] ORDER C-08-02658-RMW (HRL)

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OHS West:260707320.1 20815-2001

CERTIFICATE OF SERVICE I hereby certify that this document(s) filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non registered participants on August 7, 2009. Dated: August 7, 2009 Respectfully submitted, /s/ I. Neel Chatterjee /s/ I. Neel Chatterjee

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STIP. REQUESTING CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND [] ORDER C-08-02658-RMW (HRL)