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Just Film, Inc.; Rainbow Business v. Merchant Services

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


May 19, 2011

JUST FILM, INC.; RAINBOW BUSINESS SOLUTIONS, D/B/A PRECISION TUNE AUTO CARE; BURLINGAME MOTORS, INC.; DIETZ TOWING, INC.; THE ROSE DRESS, INC.; VOLKER VON GLASENAPP; JERRY SU; VERENA BAUMGARTNER; TERRY JORDAN;
ERIN CAMPBELL; AND LEWIS BAE ON FROM MAY 31, 2011 TO JUNE 2, 2011 BEHALF OF THEMSELVES, THE GENERAL PUBLIC AND 23 THOSE SIMILARLY SITUATED, PLAINTIFFS,
v.
MERCHANT SERVICES, INC.; NATIONAL PAYMENT PROCESSING;
UNIVERSAL MERCHANT SERVICES LLC; UNIVERSAL CARD, INC.; JASON MOORE; NATHAN JURCZYK; ROBERT PARISI; ERIC MADURA;
FIONA WALSHE; ALICYN ROY; MBF LEASING
LLC; NORTHERN FUNDING LLC; NORTHERN LEASING SYSTEMS, INC.;
GOLDEN EAGLE LEASING LLC; LEASE SOURCE-LSI, LLC; LEASE FINANCE GROUP, LLC; JAY COHEN; LEONARD MEZEI; SARA KRIEGER; BRIAN
FITZGERALD; SAM BUONO; MBF MERCHANT CAPITAL, LLC; RBL
CAPITAL GROUP, LLC; WILLIAM HEALY; JOSEPH I. SUSSMAN; JOSEPH I. SUSSMAN, P.C.; AND SKS ASSOCIATES, LLC, DEFENDANTS.

The opinion of the court was delivered by: The Honorable Claudia Wilken United States District Judge

JONES DAY Thomas R. Malcolm (State Bar No. 39248) trmalcolm@jonesday.com Cary D. Sullivan (State Bar No. 228527) carysullivan@jonesday.com 3161 Michelson Drive, Suite 800 Irvine, California 92612 Telephone: (949) 851-3939 Facsimile: (949) 553-7539 Brian Hershman (State Bar No. 168175) bhershman@jonesday.com 555 South Flower Street Fiftieth Floor Los Angeles, California 90071-2300 Telephone: (213) 489-3939 Facsimile: (213) 243-2539 Attorneys for defendants Merchant Services, Inc., Universal Card, Inc., National Payment Processing, Inc., Jason Moore, Eric Madura, Nathan Jurczyk, Robert Parisi, Alicyn Roy and Universal Merchant Services, LLC (Additional counsel listed on signature page)

STIPULATION AND [PROPOSED] ORDER, PURSUANT TO CIVIL CASE MANAGEMENT CONFERENCE LOCAL RULE 6-2(a), TO CONTINUE AND RELATED ACTIONS.

WHEREAS, on March 4, 2011, the Court continued the case management conference in 2 this matter from March 31, 2011 to May 31, 2011 at 2:00 p.m. (Order (Dkt. No. 200, entered Mar. 3 4, 2011), at 5); 4

WHEREAS, on April 28, 2011, defendant SKS Associates, LLC moved to compel 5 arbitration (Dkt. No. 253, filed Apr. 28, 2011), the hearing on which is set for June 2, 2011 at 6 2:00 p.m.; 7

WHEREAS, on May 3, 2011, the Court continued to June 2, 2011 at 2:00 p.m. the 8 hearings on plaintiffs' motion for preliminary injunction and defendants Universal Card, Inc., 9 National Payment Processing, Inc. and Jason Moore's motion to compel arbitration (Order (Dkt. 10 No. 258, filed May 3, 2011), at 2); 11

WHEREAS, to save travel expenses and reduce environmental harm, the parties believe 12 it is appropriate to consolidate the above events by continuing the case management conference to 13 June 2, 2011, so the parties appearing for the motion hearings on June 2, 2011 do not have to 14 appear separately for the case management conference; and 15

WHEREAS, the proposed two-day continuance would have no effect on any other dates 16 presently scheduled in this case. 17

NOW, THEREFORE, IT IS HEREBY STIPULATED, by and between the undersigned parties, through their respective counsel of record, pursuant to Civil Local Rule 6-19 2(a), that the case management conference in this matter, currently set for May 31, 2011 at 2:00 20 p.m., should be continued to June 2, 2011 at 2:00 p.m.

Pursuant to Civil Local Rule 6-2(a), and GOOD CAUSE APPEARING THEREFOR, the case management conference in this matter is hereby continued to June 2, 2011 at 2:00 p.m.

IT IS SO ORDERED.

I, Cary D. Sullivan, am the ECF user whose ID and password are being used to file this document. In compliance with section X(B) of General Order 45, I hereby attest that Adam Gutride, Jennifer Nigro, Matthew Wegner and John Heaphy concurred in this filing.

/s/ Cary D. Sullivan

IRI-20501v1

20110519

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