Federal Trade Commission v. Swish Marketing, Inc et al

Filing 24

ORDER RE: #23 RE MOTION TO ENLARGE TIME. Signed by Judge Richard Seeborg on 11/12/09. (rslc2, COURT STAFF) (Filed on 11/12/2009)

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1 2 3 4 5 6 7 8 9 10 *E-Filed 11/12/09* IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 SWISH MARKETING, INC., et al, Defendants. ____________________________________/ FEDERAL TRADE COMMISSION, v. Plaintiffs, No. C 09-03814 RS ORDER RE MOTION TO ENLARGE TIME The hearing presently set for December 16, 2009 in this matter is intended to address the question of whether this litigation should go forward under a normal schedule or whether it should instead be deferred, either for a short period of time or indefinitely, pending developments in, or possibly resolution of, the litigation between the parties in the District Court for the District of Columbia. Because the issues presented appeared more involved than those ordinarily resolved on a Rule 6-3 motion, the Court set a hearing date and a schedule for further briefing. Doing so necessarily results in some delay in these proceedings, but should the Court ultimately conclude that this case should proceed without regard to the status of the DC proceeding, there will have been less NO. C 0903814 RS ORDER 1 2 3 4 5 6 7 8 9 10 delay than if the open-ended extension requested by defendants had been granted. Pending further order, defendants need not file a response to the complaint. IT IS SO ORDERED. Dated: 11/12/09 RICHARD SEEBORG UNITED STATES MAGISTRATE JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 NO. C 0903814 RS ORDER

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