Federal Trade Commission v. Swish Marketing, Inc et al

Filing 126

STIPULATION AND ORDER TO EXTEND DISCOVERY SCHEDULE. Signed by Judge Richard Seeborg on 10/12/10. (cl, COURT STAFF) (Filed on 10/12/2010)

*E-Filed 10/12/10* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. SWISH MARKETING, INC., a corporation, MARK BENNING, individually and as an officer of SWISH MARKETING, INC., MATTHEW PATTERSON, individually and as an officer of SWISH MARKETING, INC., and JASON STROBER, individually and as an officer of SWISH MARKETING, INC., Defendants. On July 12, 2010, this Court entered a Scheduling Order in this case setting November 24, 2010, as the last date for all non-expert discovery. Since the initial scheduling conference, the parties have engaged in extensive discovery efforts. However, to accommodate the STIPULATION TO EXTEND DISCOVERY SCHEDULE - C09 3814 RS FEDERAL TRADE COMMISSION, Plaintiff, Case No. C09-03814 -RS STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY SCHEDULE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION WILLARD K. TOM General Counsel LISA D. ROSENTHAL, Bar # 179486 KERRY O'BRIEN, Bar # 149264 EVAN ROSE, Bar # 253478 ERIC EDMONDSON, D.C. Bar # 450294 Federal Trade Commission 901 Market Street, Ste. 570 San Francisco, CA 94103 [phone] (voice) [phone] (fax) [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff Federal Trade Commission

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availability of counsel, to facilitate the remaining discovery, and to provide the parties sufficient time to engage in settlement talks, the parties request that the Court extend the discovery schedule in accordance with the table below. The proposed discovery schedule takes into account the difficulty of scheduling depositions during the winter holidays. This motion is the first request for an extension of time relating to the discovery schedule.

Matter Non-Expert Discovery Cut-Off FTC's Designation of Expert Testimony and Reports Defendants' Designation of Expert Testimony and Reports Expert Discovery Cut-Off

Original Date 11/24/10 12/3/10 12/31/10 2/28/10

Proposed Date 1/28/10 2/7/10 3/7/10 5/4/10

IT IS SO STIPULATED. Respectfully submitted, DATED: 10/8/2010 /s/ Lisa D. Rosenthal LISA D. ROSENTHAL KERRY O'BRIEN EVAN ROSE ERIC D. EDMONDSON Attorneys for Plaintiff FEDERAL TRADE COMMISSION

(The filer attests that concurrence in the filing of this document has been obtained from each of the other signatories.) DATED: 10/8/2010 /s/ Brian Grossman BRIAN GROSSMAN TESSER & RUTTENBERG Attorneys for Defendants SWISH MARKETING, INC., MATTHEW PATTERSON, and JASON STROBER STIPULATION TO EXTEND DISCOVERY SCHEDULE - C09 3814 RS Page 2 of 3

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DATED:

10/8/2010

/s/ Jay Fowler DANIEL J. BERGESON JAY FOWLER ELIZABETH D. LEAR BERGESON, LLP Attorneys for Defendant MARK BENNING

PURSUANT TO STIPULATION, IT IS SO ORDERED:

DATED:

10/12/10

RICHARD SEEBORG UNITED STATES DISTRICT JUDGE

STIPULATION TO EXTEND DISCOVERY SCHEDULE - C09 3814 RS

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