Opinion
Case No. 3:10-cv-4879 JCS
11-09-2011
FEDERAL TRADE COMMISSION, Plaintiff, v. WELLNESS SUPPORT NETWORK, INC., a corporation, ROBERT HELD, individually and as an officer of Wellness Support Network, Inc., and ROBYN HELD, individually and as an officer of Wellness Support Network, Inc., Defendants.
WILLARD K. TOM General Counsel LAURA FREMONT, Bar No. 159670 KENNETH H. ABBE, Bar No. 172416 Federal Trade Commission Attorneys for Plaintiff Federal Trade Commission
WILLARD K. TOM
General Counsel
LAURA FREMONT, Bar No. 159670
KENNETH H. ABBE, Bar No. 172416
Federal Trade Commission
Attorneys for Plaintiff
Federal Trade Commission
Hearing Date: TBD
Courtroom G, 15th Floor
JOINT STIPULATION TO
REVISE SCHEDULE RE
EXCHANGE OF REPORTS AND
SETTLEMENT CONFERENCE
I. INTRODUCTION AND PROCEDURAL HISTORY
At a case management conference held September 16, 2011, the Court ordered the parties to disclose expert reports within 90 days, for settlement purposes only. Civil Minutes (Dkt. #48). Based on this order, the parties calculated the due date for exchange of these expert reports to be December 15, 2011. The Court also referred the case to the Honorable Magistrate Judge Corley for a settlement conference, which she subsequently scheduled for February 3, 2012 (Dkt. #49).
For the reasons described below, and pursuant to L.R. 6-2 and L.R. 7-12, the parties respectfully request the Court to extend the date for exchange of settlement-only expert reports to January 31, 2012. The parties also respectfully request the Court to forward to the Honorable Magistrate Judge Corley the parties' request that the settlement conference scheduled for February 3, 2012, be rescheduled to any day in March, 2012 which is convenient to Magistrate Judge Corley's schedule. The parties respectfully make these requests for three reasons: (1) One party's expert will be overseas for several weeks prior to December 15, participating in a study which was scheduled before the December 15 deadline was set; (2) The parties are working on provision of additional materials pursuant to the expert report process; and (3) Counsel for one party is located in Florida and is unable to attend a settlement conference in February due to the expected birth of a child.
II. PROPOSED REVISED SCHEDULE
1. The parties shall exchange expert reports for settlement purposes only by January 31, 2012.
2. The case settlement conference scheduled before Magistrate Judge Corley for February 3, 2012, is requested to be reset for a date in March, 2012 which is convenient to Magistrate Judge Corley.
III. CONCLUSION
The parties respectfully request that the Court revise the schedule as set forth above, and submit our request regarding the Settlement Conference date to the Honorable Magistrate Judge Corley.
Respectfully submitted,
Laura Fremont
LAURA FREMONT
KENNETH H. ABBE
Attorneys for Plaintiff
FEDERAL TRADE COMMISSION
(The filer attests that concurrence in the filing of this document has been obtained from each of the other signatories.)
Andrew S. Ittleman
MITCHELL S. FUERST
ANDREW S. ITTLEMAN
FUERST ITTLEMAN, PL
Attorneys for Defendants
WELLNESS SUPPORT NETWORK, Inc.,
ROBERT HELD, and ROBYN HELD
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Judge Joseph C. Spero