Bender v. International Business Machines Corporation

Filing 72

STIPULATION AND ORDER 71 to Continue Case Management Conference: Case Management Conference set for 9/3/2010 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 7/29/10. (jg, COURT STAFF) (Filed on 7/29/2010)

Bender v. International Business Machines Corporation

Doc. 72

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Greg L. Lippetz (State Bar No. 154228) [e-mail] Cora L. Schmid (State Bar No. 237267) [e-mail] JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: 650-739-3900 Attorneys for Defendant International Business Machines Corporation

David N. Kuhn - State Bar No. 73389 Attorney-at-Law 144 Hagar Avenue Piedmont, CA 94611 Telephone: [phone] E-mail: [e-mail] Attorney for Plaintiff Gregory Bender *E-FILED - 7/29/10*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Gregory Bender, Plaintiff, v. International Business Machines Corporation, Defendant. Pursuant to Civil L.R. 6-2, Defendant International Business Machines Corporation ("Defendant") and Plaintiff Gregory Bender ("Plaintiff") through their respective counsel, hereby jointly request that the Court change the time for the parties' Further Case Management Conference, currently scheduled on July 30, 2010, at 10:30 a.m., to September 3, 2010, at 10:30 a.m., or anytime thereafter. WHEREAS, pursuant to the June 2, 2010 Clerk's Notice of Continuance of Case Management Conference, (D.I. 70), a Further Case Management Conference in this action is scheduled for July 30, 2010 at 10:30 a.m. in the San Jose Division. WHEREAS, a hearing on a motion in one of plaintiff's parallel cases in this district, Bender v. Maxim Integrated Products, Inc., 3:09-cv-01152-SI, is scheduled on the same day as Case No. C09-01249-RMW STIPULATED REQUEST AND [] ORDER TO RESCHEDULE FURTHER CASE MANAGEMENT CONFERENCE

SVI-83000v1

STIPULATED REQUEST AND [] ORDER TO RESCHEDULE FURTHER CMC CASE NO. 09-cv-01249-RMW

Dockets.Justia.com

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the Further Case Management Conference, July 30, 2010, at 9:00 a.m. in the San Francisco Division. WHEREAS, plaintiff's counsel is a sole practitioner, who may be unable to attend hearings in both the San Jose and San Francisco division in the same morning. WHEREAS, the requested time modification would have no effect on the schedule for the case as no schedule has yet been entered in this case.

THE PARTIES HEREBY JOINTLY REQUEST THAT: 1. The Further Case Management Conference that is currently scheduled on July 30, 2010, at 10:30 a.m., be rescheduled for September 3, 2010, at 10:30 a.m., or anytime thereafter.

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STIPULATED REQUEST AND [] ORDER TO RESCHEDULE FURTHER CMC CASE NO. 09-cv-01249-RMW

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Respectfully submitted, Jones Day

By:

/s/ Gregory Lippetz Greg L. Lippetz State Bar No. 154228 JONES DAY Silicon Valley Office 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: 650-739-3900

Counsel for Defendant International Business Machines Corporation

In accordance with General Order No. 45, Section X(B), the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below.

By:

/s/ David Kuhn David N. Kuhn Attorney-at-Law 144 Hagar Avenue Piedmont, California 94611 Telephone: [phone]

Counsel for Plaintiff Gregory Bender

PURSUANT TO STIPULATION, IT IS SO ORDERED:

By:

THE HON. RONALD M. WHYTE United States District Court Judge

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STIPULATED REQUEST AND [ ORDER TO RESCHEDULE FURTHER CMC CASE NO. 09-cv-01249-RMW