Farhang v. Indian institute of Technology Kharagpur et al

Filing 78

STIPULATION AND ORDER 74 Extending Time to File Reply Brief and Continuing Hearing on Motion to Dismiss: Case Management Conference set for 10/30/2009 10:30 AM. Motion Hearing set for 10/30/2009 09:00 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 9/24/09. (jg, COURT STAFF) (Filed on 9/24/2009)

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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 - 9/24/09*

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 AND [] ORDER EXTENDING TIME TO FILE REPLY BRIEF AND CONTINUING HEARING ON MOTION TO DISMISS Date: September 25, 2009 Time: 9:00 A.M. Judge: Honorable Ronald M. Whyte

OHS West:260726097.1

STIPULATION AND [] ORDER RE MOTION TO DISMISS C-08-02658-RMW (HRL)

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Defendant Indian Institute of Technology, Kharagpur through its undersigned counsel, and Plaintiff pro se Mandana D. Farhang, hereby submit this Stipulation and [Proposed] Order Extending Time to File Reply Brief and Continuing Hearing on Motion to Dismiss. WHEREAS, on July 23, 2009, IIT filed its 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 hearing is scheduled for September 25, 2009, 9:00
A.M.;

WHEREAS, on August 31, 2009, Ms. Farhang filed her Opposition to IIT's Motion; WHEREAS, Ms. Farhang agrees to extend the time, until Monday, September 14, 2009, for IIT to file and serve its Reply in support of its Motion in exchange for IIT's agreement to continue the hearing on said Motion until October 30, 2009. WHEREAS, this stipulation does not constitute consent by IIT to this Court's jurisdiction, nor waiver of IIT's sovereign immunity. IT IS SO STIPULATED. Dated: September 11, 2009 ORRICK, HERRINGTON & SUTCLIFFE LLP /s/ Theresa A. Sutton /s/ Theresa A. Sutton Attorneys for Defendants INDIAN INSTITUTE OF TECHNOLOGY KHARAGPUR

Dated: September 11, 2009

/s/ Mandana Farhang /s/ Mandana Farhang Plaintiff, Appearing pro se

Filer's Attestation: Pursuant to General Order No. 45, §X(B), I attest under penalty of perjury that concurrence in the filing of the document has been obtained from its signatory. Dated: September 11, 2009 Respectfully submitted, /s/ Theresa A. Sutton /s/ Theresa A. Sutton

OHS West:260726097.1

STIPULATION AND [] ORDER RE MOTION TO DISMISS C-08-02658-RMW (HRL)

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OHS West:260726097.1

[ ORDER]

GOOD CAUSE HAVING BEEN SHOWN, the hearing date for IIT's 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, currently scheduled for September 25, 2009, shall hereby be rescheduled to October 30, 2009. IIT's Reply memorandum in support of its Motion shall be filed no later than Monday, September 14, 2009. *The Court also continues the Case Management Conference to October 30, 2009 @ 10:30 am. IT IS SO ORDERED. 9/24/09 Dated: ______________ Honorable Ronald M. Whyte United States District Judge Northern District of California

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STIPULATION AND [] ORDER RE MOTION TO DISMISS C-08-02658-RMW (HRL)

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OHS West:260726097.1

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 September 11, 2009. Dated: September 11, 2009 Respectfully submitted, /s/ Theresa A. Sutton /s/ Theresa A. Sutton

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STIPULATION AND [] ORDER RE MOTION TO DISMISS C-08-02658-RMW (HRL)