Federal Trade Commission v. Swish Marketing, Inc et al

Filing 92

STIPULATION AND ORDER RE #91 TO CONTINUE CASE MANAGEMENT CONFERENCE. Case Management Conference set for 6/24/2010 01:30 PM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 6/3/10. (cl, COURT STAFF) (Filed on 6/3/2010)

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*E-Filed 6/3/10* 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 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE (Case No. C09 03814 RS) BRIAN M. GROSSMAN (SBN 166681) TESSER & RUTTENBERG 12100 Wilshire Boulevard, Suite 220 Los Angeles, California 90025 Tel: (310) 207-4022 Fax: (310) 207-4033 Email: bgrossman@tesser-ruttenberg.com Attorneys for Defendants SWISH MARKETING, INC., MATTHEW PATTERSON and JASON STROBER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION FEDERAL TRADE COMMISSION, ) ) Plaintiffs, ) ) vs. ) ) 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 [Hon. Richard Seeborg] STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED ORDER]; DECLARATION OF BRIAN M. GROSSMAN IN SUPPORT Complaint Filed: August 19, 2009 Trial Date: None Set 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 /// STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE The Motion to Dismiss filed by defendant Mark Benning is set to be heard on June 24, 2010. The Case Management Conference is currently set for June 10, 2010. Insofar as the parties expect to be in Court on June 24, 2010 for the Motion to Dismiss, and counsel for defendants Jason Strober, Matthew Patterson and Swish Marketing, Inc. are located in Los Angeles, the parties jointly and respectfully request that the Case Management Conference be continued to June 24, 2010, so that counsel do not have to make two separate trips to San Francisco within a two-week period. The parties also note that the Court typically hears motions at 1:30 p.m. and conducts case management conferences at 10:00 a.m. If it is possible for the Court to hear both matters (i.e., Benning's Motion to Dismiss and the Case Management Conference) at 1:30 p.m., the parties would be most grateful. The filer attests that concurrence in the filing of this document has been obtained from each of the other signatories. DATED: June 2, 2010 TESSER & RUTTENBERG BRIAN M. GROSSMAN /s/ Brian M. Grossman BRIAN M. GROSSMAN Attorney for Defendants SWISH MARKETING, INC., MATTHEW PATTERSON and JASON STROBER DATED: June 2, 2010 LISA D. ROSENTHAL KERRY O'BRIEN EVAN ROSE /s/ Kerry O'Brien KERRY O'BRIEN Attorney for Plaintiff FEDERAL TRADE COMMISSION STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE (Case No. C09 03814 RS) -1- 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 DATED: June 2, 2010 LOEB & LOEB LLP MICHAEL L. MALLOW MICHAEL A. THURMAN /s/ Michel L. Mallow MICHAEL L. MALLOW Attorney for Defendants SWISH MARKETING, INC., and MATTHEW PATTERSON DATED: June 2, 2010 BERGESON, LLP DANIEL J. BERGESON DONALD P. GAGLIARDI ELIZABETH D. LEAR /s/ Donald P. Gagliardi DONALD P. GAGLIARDI Attorney for Defendant MARK BENNING STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE (Case No. C09 03814 RS) -2- 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 6/2/ __ DATED:_____10 ________ ORDER Pursuant to the Stipulation by all parties in this action, the Case Management Conference, which was previously scheduled for June 10, 2010, is hereby continued to June 24, 2010 at _1:30 p.m. _____. ________ ___________________________________ RICHARD SEEBORG UNITED STATES DISTRICT JUDGE STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE (Case No. C09 03814 RS) -3-

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