Federal Trade Commission v. Swish Marketing, Inc et al

Filing 136

STIPULATION AND ORDER RE: #135 TO CONTINUE CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 7/21/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Case Management Statement due by 7/14/2011. Signed by Judge Richard Seeborg on 3/1/11. (cl, COURT STAFF) (Filed on 3/1/2011)

*E-Filed 3/1/11*

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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

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 STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

Pursuant to Local Rule 6-2, the parties, by and through their respective attorneys, hereby stipulate to and respectfully request this Court continue the Case Management Conference

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE - C09 3814 RS

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scheduled for March 3, 20011, and corresponding Joint Case Management Statement, so that the FTC may finalize its consideration of proposed settlements with the remaining individual defendants. 1. On November 19, 2010, the parties participated in a settlement conference with

Magistrate Judge Spero. 2. During that settlement conference and over the subsequent weeks, the parties made great

progress towards resolving this matter as it relates to the remaining individual defendants, Mark Benning and Matthew Patterson. As a result of those talks, defendants Benning and Patterson have signed stipulated final judgments that would resolve this case as to them. Those settlements have not been formally approved by the Commission. If approved, the parties anticipate that they will seek only limited additional fact discovery, if any. 3. At this time, the FTC and defendant Swish Marketing, Inc., do not expect to reach a

settlement in this matter. The FTC plans to file a motion for summary judgment as to defendant Swish Marketing, Inc. 4. To allow the Commission an opportunity to review the proposed settlements, the parties

filed a stipulation and proposed order continuing the pending discovery deadlines, which the Court entered on January 12, 2011 ("January Stipulation") (Dkt. #133). 5. 6. The Commission is now finalizing its review of the proposed settlements. In the Case Management Scheduling Order (Dkt. #103) entered on July 12, 2010, the

Court scheduled a Case Management Conference on March 3, 2011, and ordered the parties to file a Joint Case Management Statement one week prior. The parties inadvertently failed to seek a continuance of these dates in the January Stipulation. 7. Consistent with the discovery schedule set forth in the January Stipulation, in which the

date to complete expert discovery is July 19, 2011, the parties respectfully request that the Court continue the Case Management Conference until July 21, 2011. The parties further request that the date by which to file a Joint Case Management Statement be continued to July 14, 2011, one week prior.

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE - C09 3814 RS Page 2 of 3

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IT IS SO STIPULATED. Respectfully submitted, DATED: March 1, 2011 /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: March 1, 2011

/s/ Brian Grossman BRIAN GROSSMAN TESSER & RUTTENBERG Attorneys for Defendants SWISH MARKETING, INC., MATTHEW PATTERSON, and JASON STROBER

DATED: March 1, 2011

/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: 23 24 25 26 27 28 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE - C09 3814 RS Page 3 of 3 DATED: 3/1/11 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE