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ZIONS BANCORPORATION v. U.S. ETHERNET INNOVATIONS

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


November 30, 2010

ZIONS BANCORPORATION,
PLAINTIFF,
v.
U.S. ETHERNET INNOVATIONS, LLC, DEFENDANT.

The opinion of the court was delivered by: Hon. Charles R. Breyer T United States District Court Judge

ROBBINS GELLER RUDMAN & DOWD LLP JOHN K. GRANT (169813) LUKE O. BROOKS (212802) Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, California 94104 Telephone: 415-288-4545 Facsimile: 415-288-4534 johng@rgrdlaw.com lukeb@rgrdlaw.com and JOHN C. HERMAN (ADMITTED PRO HAC VICE) RYAN K. WALSH (ADMITTED PRO HAC VICE) 3424 Peachtree Road, N.E. Monarch Centre, Suite 1650 Atlanta, Georgia 30326 Telephone: 404-504-6500 Facsimile: 404-504-6501 jherman@rgrdlaw.com rwalsh@rgrdlaw.com Attorneys for Defendant, U.S. Ethernet Innovations, LLC

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STIPULATION AND [PROPOSED] ORDER MODIFYING DATE FOR CASE MANAGEMENT CONFERENCE

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Whereas, Defendant U.S. Ethernet Innovations, LLC ("USEI") filed a Motion to Dismiss (Dkt. No. 9) on August 30, 2010 that is still pending.

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Whereas, USEI has not yet answered the Complaint.

Whereas, the Court has ordered jurisdictional discovery that has not yet been completed (Dkt. No. 33).

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9 and that modifying it would allow for the resolution of the motion to dismiss and for the completion 10 of the initial pleading process. 11

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Whereas, the parties are negotiating a resolution to the motion to dismiss.

Whereas, the current date for the Case Management Conference is December 3, 2010.

Whereas, the parties agree that the Case Management Conference as scheduled is premature Whereas, the parties agree, subject to the approval of the Court, to move the Case Management Conference to January 21, 2011. 13

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Whereas, the parties have requested no previous modifications to the date for the Case Management Conference. 15

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Whereas, the parties agree that the requested time modification will not have a significant

Now therefore, it is stipulated and agreed:

The Case Management Conference shall be moved to January 21, 2011.

DATED: November 29, 2010

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I, Ryan K. Walsh, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Modifying Date For Case Management Conference. In 26 compliance with General Order 45, X.B., I hereby attest that Anthony Son has concurred in this 27 filing. 28

ORDER 3 PURSUANT TO STIPULATION, IT IS SO ORDERED. 4 5

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N IS SO ORDERED

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O Judge Charles O

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20101130

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