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STIPULATION AND [PROPOSED] ORDER TO CONTINUE - 1 - 

HEARING DATE FOR DEFENDANT NEBUAD’S MOTION TO NO. C08-CV-05113 (TEH) 

DISMISS AND CHANGE TIME FOR CASE MANAGEMENT CONFERENCE

ROBERT A. WEIKERT (State Bar No. 121146) 

rweikert@nixonpeabody.com 

TALLEY E. MCINTYRE (State Bar No. 203131) 

tmcintyre@nixonpeabody.com 

NIXON PEABODY LLP

One Embarcadero Center, 18th Floor 

San Francisco, California 94111-3600 

Telephone: (415) 984-8200 

Fax: (415) 984-8300 

JASON C. KRAVITZ (Pro Hac Vice) 

jkravitz@nixonpeabody.com 

NIXON PEABODY LLP

100 Summer Street 

Boston, Massachusetts 02110-2131 

Telephone: (617) 345-1000 

Fax: (617) 345-1300 

SCOTT KAMBER (Pro Hac Vice) 

skamber@kamberlaw.com 

DAVID A. STAMPLEY (Pro Hac Vice) 

dstampley@kamberlaw.com 

KAMBERLAW, LLC 

100 Wall Street, 23rd Floor 

New York, New York 10005 

Telephone: (212) 920-3072 

Fax: (212) 202-6364 

JOSEPH H. MALLEY (Pro Hac Vice) 

LAW OFFICE OF JOSEPH H. 

MALLEY, P.C. 

1045 North Zang Boulevard 

Dallas, Texas 75208 

Telephone: (214) 943-6100 

Fax: (214) 943-6170 

DAVID C. PARISI (SBN 162248) 

dcparisi@parisihavens.com 

SUZANNE HAVENS BECKMAN (SBN 188814)

shavens@parisihavens.com 

PARISI & HAVENS LLP 

15233 Valleyheart Drive 

Sherman Oaks, California 91403 

Telephone: (818) 990-1299 

Fax: (818) 501-7852 

Attorneys for Plaintiffs 

Additional counsel listed on signature pages 

Attorneys for Defendant, 

NEBUAD, INC. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

DAN VALENTINE, et al., 

Plaintiffs, 

vs. 

NEBUAD, INC., et al., 

Defendants. 

No. C08-cv-05113 (TEH) 

STIPULATION AND [PROPOSED] 

ORDER TO CONTINUE HEARING 

DATE FOR DEFENDANT NEBUAD, 

INC.’S MOTION TO DISMISS AND 

CHANGE TIME FOR CASE 

MANAGEMENT CONFERENCE 

Hon. Thelton E. Henderson. 

Complaint Filed: November 10, 2008 

Trial Date: None Set 

Case 3:08-cv-05113-TEH Document 202 Filed 06/22/10 Page 1 of 4
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE - 2 - 

HEARING DATE FOR DEFENDANT NEBUAD’S MOTION TO NO. C08-CV-05113 (TEH) 

DISMISS AND CHANGE TIME FOR CASE MANAGEMENT CONFERENCE

 Pursuant to Local Rule 6-1, Plaintiffs and Defendant NebuAd, Inc. (“NebuAd”) hereby 

stipulate and agree as follows: 

1. On December 10, 2009, the Parties filed a stipulation and proposed order, which 

was issued by the Court, to continue the hearing for NebuAd’s Motion to Dismiss (DKT. 4), to 

March 1, 2009. (DKTS. 186,187). 

2. On February 22, 2010, the Parties filed a joint stipulation and proposed order, 

which was issued by the Court, to continue the further Case Management Conference and 

NebuAd’s Motion to Dismiss to April 5, 2010. (DKTS. 193, 194). The Parties further stipulated 

(DKT. 195), which was further Ordered by the Court (DKT. 196), that the further Case 

Management Conference and hearing on NebuAd’s Motion to Dismiss (DKT. 4) be continued to 

May 17, 2010. The Parties further stipulated (DKT. 197), which was further Ordered by the 

Court (DKT. 198), that the further Case Management Conference and hearing on NebuAd’s 

Motion to Dismiss (DKT. 4) be continued to June 28, 2010. 

3. Since the last continuance, the Parties have advanced the litigation. As first noted 

in the February 22, 2010 Joint Stipulation, the parties have been diligently engaged in settlement 

discussions in person and by telephone. The negotiations are multifaceted and involve the 

interests of parties and certain non-parties. The discussions have included the parties themselves 

as well as the insurance carriers. However, after several months of in-person and telephonic 

discussions and exchanges of draft agreements, the parties jointly represent their belief that the 

parties have reached an impasse in settlement negotiations. As represented in the Joint Case 

Management Statement, the parties believe the intervention of the Court may facilitate resolution 

and, as such, have jointly requested referral to a U.S. Magistrate Judge for mediation. 

4. The Parties hereby request that the hearing on NebuAd’s Motion to Dismiss (DKT. 

4) be continued until after mediation. Should the parties fail to resolve the case through 

mediation, the parties agree, within 30 days after the close of mediation, to request a hearing date 

to calendar the motion to dismiss. 

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE - 3 - 

HEARING DATE FOR DEFENDANT NEBUAD’S MOTION TO NO. C08-CV-05113 (TEH) 

DISMISS AND CHANGE TIME FOR CASE MANAGEMENT CONFERENCE

5. In light of the ongoing settlement discussions and request for the assistance of a 

U.S. Magistrate with mediation, the Parties respectfully request the Court’s endorsement of the 

stipulation herein to continue the hearing on NebuAd’s Motion to Dismiss. 

6. The parties further request that the Case Management Conference currently 

scheduled for June 28, 2010 at 10:00 a.m. to be heard with the motion to dismiss, be moved to 

June 28, 2010 at 1:30 p.m. in accordance with the Court’s Standing Order. 

7. The Parties will make themselves available to update the Court if so desired. 

Respectfully submitted, 

Dated: June 21, 2010 KamberLaw, LLC 

 By: /s/ David A. Stampley 

 DAVID A. STAMPLEY 

Attorneys for Plaintiffs 

 Nixon Peabody LLP 

Dated: June 21, 2010 By: /s/ Talley McIntyre 

TALLEY MCINTYRE 

Attorneys for Defendant 

NebuAd, Inc. 

BRIAN J. PANISH (SBN 116060) 

panish@psblaw.com 

RAHUL RAVIPUDI (SBN 204519) 

ravipudi@psblaw.com 

PANISH, SHEA & BOYLE, LLP 

11111 Santa Monica Boulevard, Suite 700 

Los Angeles, California 90025 

Telephone: (310) 477-1700 

Fax: (310) 477-1699 

Additional Attorneys for Plaintiffs 

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE - 4 - 

HEARING DATE FOR DEFENDANT NEBUAD’S MOTION TO NO. C08-CV-05113 (TEH) 

DISMISS AND CHANGE TIME FOR CASE MANAGEMENT CONFERENCE

GENERAL ORDER 45 CERTIFICATION 

I, David Stampley, hereby attest pursuant to N.D. Cal. General Order No. 45 that the 

concurrence to the filing of this document has been obtained from each signatory hereto. 

DATED: June 21, 2010 KamberLaw, LLC 

By: /s/ David A. Stampley 

 DAVID A. STAMPLEY 

Attorneys for Plaintiffs 

[PROPOSED] ORDER

 It is hereby ordered, should the parties fail to resolve the case through mediation, within 

30 days after the close of mediation the parties shall request a hearing date to calendar the hearing 

for Defendant’s motion to dismiss. The Case Management Conference scheduled for June 28, 

2010 at 10:00 a.m. shall be conducted on June 28, 2010 at 1:30 p.m.

Dated: ______________ _____________________________________ 

 Hon. Thelton E. Henderson 

 United States District Judge 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

Judge Thelton E. Henderson

06/22/10

Case 3:08-cv-05113-TEH Document 202 Filed 06/22/10 Page 4 of 4