Facebook, Inc. v. Power Ventures, Inc.

Filing 26

STIPULATION AND ORDER Selecting ADR Process re 25 , Case referred to Early Neutral Evaluation. Signed by Judge Jeremy Fogel on 3/31/09. (dlm, COURT STAFF) (Filed on 4/1/2009)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

FACEBOOK, INC., a Delaware corporation, Plaintiff, v. POWER VENTURES, INC. d/b/a POWER.COM, a California Corporation; POWER VENTURES, INC. a Cayman Island Corporation; STEVEN VACHANI, an individual; DOE 1, d/b/a POWER.COM, an individual and/or business entity of unknown nature; DOES 2 through 25, inclusive, individuals and/or business entities of unknown nature, Defendants.

Case No. 08-CV-05780 JF -----------------STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS

Counsel report that they have met and conferred regarding ADR and have reached the following stipulation pursuant to Civil L.R. 16-8 and ADR L.R. 3-5: The parties agree to participate in the following ADR process: Court Process:

__ __

Non-binding Arbitration (ADR L.R. 4) Early Neutral Evaluation (ENE) (ADR L.R. 5) Mediation (ADR L.R. 6)

(Note: Parties who believe that an early settlement conference with a Magistrate Judge is appreciably more likely to meet their needs than any other form of ADR, must participate in an ADR phone conference and may not file this form. They must instead file a Notice of Need for ADR Phone Conference. See Civil Local Rule 16-8 and ADR L.R. 3-5)

Private Process: Private ADR (please identify process and provider) ____________ The parties agree to hold the ADR session by: ___ The presumptive deadline (The deadline is 90 days from the date of the order referring the case to an ADR process unless otherwise ordered.)

XXX Other requested deadline: 150 days from the date of the order referring the case to an ADR process. DATED: March 25, 2009 /s/ David Chiappetta David Chiappetta PERKINS COIE LLP Attorney for Facebook, Inc. /s/ Alan R. Plutzik Alan R. Plutzik BRAMSON, PLUTZIK, MAHLER & BIRKHAEUSER, LLP Scott A. Bursor (pro hace vice pending) LAW OFFICES OF SCOTT A. BURSOR Attorney for Defendants Power Ventures, Inc. and Steve Vachani

DATED: March 25, 2009

I, David Chiappetta, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Selecting ADR Process. In compliance with General Order 45, X.B., I hereby attest that Scott Bursor and Alan Plutzik has concurred in this filing. /s/ David Chiappetta David Chiappetta (State Bar No. 172099) [e-mail]

[PROPOSED] ORDER Pursuant to the Stipulation above, the captioned matter is hereby referred to: ___ XX ___ ___ ___ Non-binding Arbitration (ADR L.R. 4) Early Neutral Evaluation (ENE) (ADR L.R. 5) Mediation (ADR L.R. 6) Private ADR

Deadline for ADR session ___ XX ___ IT IS SO ORDERED. 90 days from the date of this order Other: 150 days from the date of this Order

3/31/09 Dated: _________

_______________________________ HONORABLE JEREMY FOGEL UNITED STATES DISTRICT JUDGE