Standiford v. Palm, Inc. et al

Filing 28

STIPULATION AND ORDER AS MODIFIED BY THE COURT to Continue the 3/29/2010 Case Management Conference re 26 Stipulation. Joint Case Management Statement due by 4/16/2010. Initial Case Management Conference set for 4/26/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 3/12/2010. (ecg, COURT STAFF) (Filed on 3/12/2010)

DAVID PARISI - SBN 162248 1 [e-mail] PARISI & HAVENS, LLP 2 15233 Valleyheart Drive Sherman Oaks, California 91403 3 Telephone: [phone] JAY EDELSON [e-mail] 5 MICHAEL J. ASCHENBRENER [e-mail] 6 BENJAMIN H. RICHMAN [e-mail] 7 EDELSON MCGUIRE, LLC 350 North LaSalle Street, Suite 1300 8 Chicago, Illinois 60654 Telephone: [phone] Fax: [phone] ATTORNEYS FOR PLAINTIFF 11 12 13 14 JASON STANDIFORD, an individual, on 15 behalf of himself and all others similarly situated, 16 Plaintiff, 17 v. 18 PALM, INC., a Delaware corporation, and 19 SPRINT SPECTRUM L.P., and DOES 1-50, inclusive, 20 Defendants. 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER CONTINUING CMC

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 09-cv-5719-JW STIPULATION AND [PROPOSED] ORDER CONTINUING THE MARCH 29, 2010 CASE MANAGEMENT CONFERENCE Action Filed: December 4, 2009

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Case No. 09-cv-5719-JW (PVT)

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Pursuant to Local Rule 6-2, Plaintiff Jason Standiford ("Plaintiff" or "Mr. Standiford"),

2 Defendant Palm, Inc. ("Palm") and Defendant Sprint Spectrum L.P. ("Sprint") (collectively, "the 3 Parties") hereby stipulate and agree as follows: 4 1. A Case Management Conference ("CMC") is scheduled for March 29, 2010 at

5 10:00 a.m. before Judge Ware. 6 2. The Parties request that this CMC be continued for sixty (60) days, or until after

7 May 28, 2010 to give the parties the opportunity to continue settlement discussions. 8 9 3. 4. Plaintiff filed his complaint on December 4, 2009. (Dkt. 1). This is the Parties' first request for an extension of time concerning the March 29,

10 2010 CMC. 11 5. Concerning other matters in the case, on January 29, 2010, the Parties stipulated to

12 extend Defendants' time to respond to the complaint to February 10, 2010. (Dkt. 14). The Court 13 entered the order on February 11, 2010. (Dkt. 18). 14 6. On February 11, 2010, the Parties stipulated to substitute the originally, but

15 erroneously named Sprint Nextel Corp. for Sprint Spectrum L.P. on February 11, 2010. This 16 stipulation also provided Defendants until February 12, 2010 to respond to the Complaint. 17 (Dkt. 17). The Court entered the stipulation on February 17, 2010. (Dkt. 21). 18 19 7. 8. Defendants answered the Complaint on February 12, 2010. (Dkt. 19). On March 4, 2010, the Parties met in person to discuss the possibility of settlement.

20 The Parties agree that the discussions were sufficiently productive to warrant further settlement 21 discussions and wish to engage in those further discussions. 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER CONTINUING CMC

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Case No. 09-cv-5719-JW (PVT)

1 Dated: March 10, 2010 2 3 4 5 6 Dated: March 10, 2010 7 8 9 10 11 12 IT IS SO ORDERED AS MODIFIED:

EDELSON MCGUIRE, LLC By: s/ Michael J. Aschenbrener MICHAEL J. ASCHENBRENER Attorneys for Plaintiff SHEPPARD MULLIN RICHTER & MULLIN LLP By: s/ Neil A.F. Popovic NEIL A.F. POPOVIC Attorneys for Defendant Palm, Inc., Defendant Sprint Spectrum L.P.

13 The March 29, 2010 Case Management Conference is hereby continued to April 26, 2010 at PURSUANT TO STIPULATION, IT IS SO ORDERED. The March 29, 2010 Case 14 10:00 AM. On or before April 16, 2010, the parties shall file a Joint Case management Conference Statement. The statement shall include an update on the parties settlement efforts Management Conference is hereby continued. 15 and a good faith discovery plan with a proposed date for the close of discovery. 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER CONTINUING CMC
March 12, 2010 Dated: ______________

_____________________________________ HON. JAMES WARE United States District Judge

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Case No. 09-cv-5719-JW (PVT)

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PROOF OF SERVICE

The undersigned certifies that, on March 10, 2010, he caused the document titled 2 STIPULATION AND [PROPOSED] ORDER CONTINUING THE MARCH 29, 2010 CASE MANAGEMENT CONFERENCE to be electronically filed with the Clerk of Court using the 3 CM/ECF system, which will send notification of filing to counsel of record for each party. 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 AND [PROPOSED] ORDER CONTINUING CMC

s/ Michael J. Aschenbrener Michael J. Aschenbrener

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Case No. 09-cv-5719-JW (PVT)