Free Order - District Court of California - California

Case 5:07-cv-02774-JF

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Robert A. Spanner, Esq. (State Bar No. 60308) TRIAL & TECHNOLOGY LAW GROUP A Professional Corporation 545 Middlefield Road, Suite 220 Menlo Park, CA 94025 Telephone: (650) 324-2223 Facsimile: (650) 324-0178 Attorneys for Plaintiff IP SOLUTIONS, INC.

UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _______________________________________
Stip. and Order Continuing Case Mgmt. Conf. ­ Case No. 07-CV-02774 JF (RS)

) ) ) Plaintiff, ) ) vs. ) ) BANK OF AMERICA, N.A., et al., ) ) Defendants. ____________________________________ )

IP SOLUTIONS, INC.,

Case No. 07-CV-02774 JF (RS) -------------STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE

TO THE COURT, TO ALL PARTIES, AND TO THE PARTIES' ATTORNEYS OF RECORD: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, IP SOLUTIONS, INC. ("Plaintiff") and Defendants, BANK OF AMERICA, N.A. and BANK OF AMERICA TECHNOLOGY AND OPERATIONS, INC. ("Defendants") that the Case Management Conference be continued for one month from its presently-scheduled date of October 26, 2007, until after November 30, 2007, or to a later date that is convenient for the Court.

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IT IS FURTHER HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendants that, pursuant to this Stipulation continuing the Case Management Conference, the case schedule dates be modified as set forth in Exhibit A, attached hereto. Plaintiff and Defendants desire to pursue settlement opportunities in this matter and have scheduled a mediation for October 22, 2007 utilizing the services of a JAMS mediator. This Stipulation is therefore requested for good cause, namely, for the purposes of pursuing opportunities for settlement, and because Defendants' counsel has a trial scheduled to begin the week of November 26, 2007, and is not entered into for purposes of delay. The parties previously stipulated that Defendants be granted an additional fifteen

11 12 13 14 15 16 17 on August 27, 2007. 18 19 20 21 22 23 24 25 26 27 28 _______________________________________
Stip. and Order Continuing Case Mgmt. Conf. ­ Case No. 07-CV-02774 JF (RS)

(15) days in which to respond to Plaintiff's Complaint, up to July 27, 2007. The parties further stipulated that Defendants be granted an additional four (4) days in which to respond to Plaintiff's Complaint, up to July 31, 2007. In addition the parties stipulated that the original case management conference be continued for two months, from its originallyscheduled date of August 29, 2007. The Court issued an Order granting that continuance

By entering into this stipulation, neither Plaintiff nor Defendants waive any rights, claims or defenses they may have in this action. This Stipulation may be executed in counterparts and by facsimile signature, each of which, when executed, shall be an original and all of which together shall constitute one and the same stipulation. This Stipulation contains the entire agreement among the parties. The undersigned hereby consent to the

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terms set forth in the foregoing Stipulation. IT IS SO STIPULATED AND AGREED. 9/7/2007 Dated: ________________

TRIAL & TECHNOLOGY LAW GROUP A Professional Corporation Attorneys for Plaintiff IP SOLUTIONS, INC. /s/ Robert A. Spanner By: _____________________________________ Robert A. Spanner

9/27/2007 Dated: ________________

FISH & RICHARDSON, P.C. Attorneys for Defendants BANK OF AMERICA, N.A. and BANK OF AMERICA TECHNOLOGY AND OPERATIONS, INC. /s/ Christina Jordan By: _____________________________________ Christina D. Jordan

DECLARATION OF CONSENT Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under

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Stip. and Order Continuing Case Mgmt. Conf. ­ Case No. 07-CV-02774 JF (RS)

penalty of perjury that concurrence in the filing of this document has been obtained from Christina D. Jordan. 9/20/2007 Dated: ________________ TRIAL & TECHNOLOGY LAW GROUP A Professional Corporation Attorneys for Plaintiff IP SOLUTIONS, INC. /s/ Robert A. Spanner By: _____________________________________ Robert A. Spanner

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Stip. and Order Continuing Case Mgmt. Conf. ­ Case No. 07-CV-02774 JF (RS)

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

10/2/07 Dated: _____________________

__________________________________________ HONORABLE JEREMY FOGEL JUDGE OF THE UNITED STATES DISTRICT COURT

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