Federal Trade Commission v. Swish Marketing, Inc et al

Filing 127

STIPULATION AND ORDER TO CONTINUE SETTLEMENT CONFERENCE. Settlement Conference continued to 11/15/2010 at 09:30 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 10/12/10. (klh, COURT STAFF) (Filed on 10/13/2010)

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Federal Trade Commission v. Swish Marketing, Inc et al Doc. 127 Case5:09-cv-03814-RS Document125 Filed10/08/10 Page1 of 3 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 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 (415) 848-5100 (voice) (415) 848-5184 (fax) lrosenthal@ftc.gov kobrien@ftc.gov erose@ftc.gov eedmondson@ftc.gov Attorneys for Plaintiff Federal Trade Commission UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION FEDERAL TRADE COMMISSION, Plaintiff, 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. Case No. C09-03814 -RS [Magistrate Judge Joseph C. Spero] STIPULATION AND [PROPOSED] ORDER TO CONTINUE SETTLEMENT CONFERENCE Plaintiff Federal Trade Commission, and defendants Swish Marketing, Inc., Jason Strober, Matthew Patterson and Mark Benning, by and through their respective counsel of record, hereby request that the October 12, 2010 Settlement Conference be continued to STIPULATION TO EXTEND DISCOVERY SCHEDULE - C09 3814 RS Dockets.Justia.com Case5:09-cv-03814-RS Document125 Filed10/08/10 Page2 of 3 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 November 15, 2010 at 9:30 a.m. The reason for this request for a continuance is that the Federal Trade Commission did not receive a written response to its demand from defendant Swish Marketing, Inc. eight days prior to the scheduled conference, as contemplated by the Notice of Settlement Conference and Settlement Conference Order (Dkt #107). If the parties choose to provide the Court with an updated settlement statement, they agree to do so no later than one week prior to the conference. The filer attests that concurrence in the filing of this document has been obtained from each of the other signatories. 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 DATED: 10/8/2010 /s/ Brian Grossman BRIAN GROSSMAN TESSER & RUTTENBERG Attorneys for Defendants SWISH MARKETING, INC., MATTHEW PATTERSON, and JASON STROBER DATED: 10/8/2010 /s/ Jay Fowler DANIEL J. BERGESON JAY FOWLER ELIZABETH D. LEAR BERGESON, LLP Attorneys for Defendant MARK BENNING STIPULATION TO EXTEND DISCOVERY SCHEDULE - C09 3814 RS Page 2 of 3 Case5:09-cv-03814-RS Document125 Filed10/08/10 Page3 of 3 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 PURSUANT TO STIPULATION, IT IS SO ORDERED: S ISTRIC ES D TC AT T RT U O ER N F D IS T IC T O R STIPULATION TO EXTEND DISCOVERY SCHEDULE - C09 3814 RS A C LI FO Judge Jo seph R NIA DATED: 10/12/10 JOSEPH C. SPERO UNITED STATES MAGISTRATE JUDGE o C. Sper NO UNIT ED RT H Page 3 of 3

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