Opinion
Case No. C 02-1786 JSW EMC.
April 15, 2005
HELLER EHRMAN WHITE McAULIFFE LLP, HOLME ROBERTS OWEN LLP, Richard J. Mooney, Attorneys for Plaintiff and Counter-Defendant VISA U.S.A. INC.
BINGHAM McCUTCHEN LLP, Jonathan P. Hersey, Attorneys for Defendants and Counterclaimants FIRST DATA CORPORATION, FIRST DATA RESOURCES INC., and FIRST DATA MERCHANT SERVICES CORPORATION.
STIPULATION AND ORDER SHORTENING TIME FOR HEARING ON DISCOVERY MOTION AND ESTABLISHING BRIEFING SCHEDULE
Plaintiff Visa U.S.A. Inc. ("Visa") and Defendants First Data Corporation, First Data Resources Inc. and First Data Merchant Services Corporation (collectively, "First Data") (collectively, Visa and First Data are referred to as, the "Parties"), by and through their respective counsel of record, hereby move this Court pursuant to Northern District Civil Local Rules 6-1(b), 6-1 and 7-12 for an order shortening time for hearing on Visa's Motion to Compel Compliance with Discovery Obligations, as filed April 8, 2005 ("Visa's Motion to Compel Compliance"), and modifying (1) the deadline for First Data to file its opposition to Wednesday, April 20, 2005 and (2) the deadline for Visa to file its reply to Friday, April 22, 2005.
WHEREAS, Visa noticed its Motion to Compel Compliance to be heard on May 18, 2005 pursuant to the 35-day notice requirement of Northern District Civil Local Rule 7-2(a).
THEREFORE, the Parties agree and stipulate as follows, subject to approval by the Court:
1. First Data's opposition to Visa's Motion to Compel Compliance will be due at 5:00 p.m. on Wednesday, April 20, 2005;
2. Visa's reply to First Data's opposition to Visa's Motion to Compel Compliance will be due at 5:00 p.m. on Friday, April 22, 2005;
3. Visa's Motion to Compel Compliance will be heard by the Court at 10:30 a.m. on Wednesday, May 4, 2005.
PURSUANT TO STIPULATION, IT IS SO ORDERED.