Federal Trade Commission v. Pricewert LLC et al

Filing 83

STIPULATION AND ORDER 78 to Continue Hearing on Motion for Order to Receiver to Show Cause Re: Contempt. Motion Hearing set for 4/16/2010 09:00 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 1/26/10. (jg, COURT STAFF) (Filed on 1/26/2010)

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KRONENBERGER BURGOYNE, LLP Karl S. Kronenberger (Bar No. 226112) Jeffrey M. Rosenfeld (Bar No. 222187) 150 Post Street, Suite 520 San Francisco, CA 94108 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Suren Ter-Saakov and Tsuren LLC MCKENNA LONG & ALDRIDGE LLP Gary Owen Caris (Bar No. 088918) 300 South Grand Ave., 14th Floor Los Angeles, CA 90071 Telephone: [phone] Fax: [phone] [e-mail] Attorneys for Receiver Robb Evans LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA FEDERAL TRADE COMMISSION, Plaintiff, v. PRICEWERT LLC dba 3FN.NET TRIPLE FIBER NETWORK, APS TELECOM, APX TELECOM, APS COMMUNICATIONS, AND APS COMMUNICATION, Defendant. CASE NO. 09-cv-2407-RMW STIPULATION TO CONTINUE HEARING ON MOTION FOR ORDER TO RECEIVER TO SHOW CAUSE RE CONTEMPT AND ORDER Date: January 29, 2010 Time: 9:00 am Ctrm: 6, 4th Floor The Honorable Ronald M. Whyte

*E-FILED - 1/26/10*

Case No. 09-cv-02407-RMW

STIP. TO CONTINUE HEARING ON THIRD PARTIES' MOT. FOR OSC RE. CONTEMPT

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IT IS HEREBY STIPULATED AND AGREED by and between the parties to this Stipulation, through their counsel of record, that: 1. The hearing on Suren Ter-Saakov ("Ter-Saakov") and Tsuren LLC's Motion

for Order to Show Cause re. Contempt ("Motion") in this action currently set for January 29, 2010 at 9:00 am shall be continued to April 16, 2010 at 9:00 am or the next available date and time thereafter that is convenient for the Court. 2. Opposition and reply deadlines shall be calculated from the new hearing

3.

The Receiver waives any opposition that it may have on account of the

moving parties' failure to properly serve the Receiver with the Motion. 4. Other than its waiver of any opposition on the grounds it was not properly

served with the motion, the Receiver reserves all other bases for opposing the motion, including without limitation the right to argue that Ter-Saakov and Tsuren LLC do not have standing to file the Motion because the Court denied their Motion for Leave to Intervene in its Order Denying Motions to Intervene (Doc. 75).

IT IS SO STIPULATED:

DATED: January 8, 2010 KRONENBERGER BURGOYNE, LLP

DATED: January 8, 2010 MCKENNA LONG & ALDRIDGE LLP

s/Karl S. Kronenberger

By:

s/Gary O. Caris

Karl S. Kronenberger 150 Post Street, Suite 520 San Francisco, CA 94108 [e-mail] Attorneys for Proposed Intervenors Suren Ter-Saakov and Tsuren LLC

Gary Owen Caris 300 South Grand Ave., 14th Floor Los Angeles, CA 90071 [e-mail] Attorneys for Receiver Robb Evans & Associates LLC

Case No. 09-cv-02407-RMW

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STIP. TO CONTINUE HEARING ON THIRD PARTIES' MOT. FOR OSC RE. CONTEMPT

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

DATED:

1/26/10

The Hon. Ronald M. Whyte UNITED STATES DISTRICT JUDGE

Case No. 09-cv-02407-RMW

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STIP. TO CONTINUE HEARING ON THIRD PARTIES' MOT. FOR OSC RE. CONTEMPT