Farhang v. Indian institute of Technology Kharagpur et al

Filing 94

STIPULATION AND ORDER 92 Setting Hearing for 1/12/2010 re Plaintiffs' Motion to Disqualify and Defendant IIT's Motion to Dismiss: Motion Hearing set for 1/12/2010 09:00 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 12/10/09. (jg, COURT STAFF) (Filed on 12/10/2009)

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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 - 12/10/09*

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 SETTING HEARING FOR JANUARY 12, 2010, RE PLAINTIFFS' MOTION TO DISQUALIFY AND DEFENDANT IIT'S MOTION TO DISMISS FOR LACK OF JURISDICTION Date: January 12, 2010 Time: 9:00 A.M. Judge: Honorable Ronald M. Whyte

STIPULATION AND [] ORDER RE OHS West:260726097.1 HEARINGS C-08-02658-RMW (HRL)

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Defendant Indian Institute of Technology, Kharagpur and Plaintiff Mandana D. Farhang, through their undersigned counsel, hereby submit this Stipulation and [Proposed] Order Setting Hearing for January 12, 2010. On October 30, 2009, the Court instructed the parties to propose a mutually agreeable date to the Court on which the Court shall hold an evidentiary hearing related to Farhang's Motion to Disqualify (Dkt. No. 29), as well as a hearing on IIT's Motion to Dismiss for Lack of Jurisdiction (Dkt. No. 60). The parties hereby propose that the above-mentioned hearings be held on Friday, January 12, 2010, at 9:00 A.M., or as soon thereafter as is convenient to the Court. This Stipulation does not constitute consent by IIT to this Court's jurisdiction, nor waiver of IIT's assertion of sovereign immunity. IT IS SO STIPULATED. Dated: December 8, 2009 ORRICK, HERRINGTON & SUTCLIFFE LLP /s/ Theresa A. Sutton /s/ Theresa A. Sutton Attorneys for Defendants INDIAN INSTITUTE OF TECHNOLOGY KHARAGPUR

Dated: December 8, 2009

/s/ Micah Jacobx /s/ Micah Jacobs On behalf of Plaintiff MANDANA D. FARHANG

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: December 8, 2009 Respectfully submitted, /s/ Theresa A. Sutton /s/ Theresa A. Sutton

STIPULATION AND [] ORDER RE OHS West:260726097.1 HEARINGS C-08-02658-RMW (HRL)

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OHS West:260726097.1

[ ORDER]

The evidentiary hearing for Plaintiff's Motion to Disqualify and 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, shall hereby be scheduled for January 12, 2010 at 9:00 A.M. IT IS SO ORDERED. 12/_____ Dated: ____10/09 _____ Honorable Ronald M. Whyte United States District Judge Northern District of California

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STIPULATION AND [] ORDER RE HEARINGS 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 December 8, 2009. Dated: December 8, 2009 Respectfully submitted, /s/ Theresa A. Sutton /s/ Theresa A. Sutton

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STIPULATION AND [] ORDER RE HEARINGS C-08-02658-RMW (HRL)