ROBERT A. WEIKERT (State Bar No. 121146)

rweikertanixonpeabody .com

TALLEY E. MCINTYRE (State Bar No. 203131)

tmcintyre(a),nixonpeabody.corn

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)

ikravitz@nixonpeabodv.corn 

NIXON PEABODY LLP

100 Summer Street

Boston, MA 02110-2131

Telephone: (617) 345-1000

Fax: (617) 345-1300

Attorneys for Defendant

NEBUAD, INC.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

No. CO8cv-05113(TEH)(EMC)

REQUEST OF JASON KRAVITZ TO

ATTEND CASE MANAGEMENT

CONFERENCE VIA TELEPHONE AND

[PROPOSED] ORDER

NEBUAD, INC., et al.,

Date: June 28, 2010

Time: 10:00 a.m.

Hon. Thelton E. Henderson

Complaint File: November 10, 2008

 Trial Date: None Set

Defendant, NebuAd, Inc. ("NebuAd") respectfully requests that lead trial counsel be

permitted to attend the Case Management Conference set in this matter for June 28, 2010,

telephonically. Lead counsel for NebuAd, Jason Kravitz, is based in Boston. Mr. Kravitz attended

the last Case Management Conference. and NebuAd believes that it will be beneficial to the Court to

have Mr. Kravitz participate in the Case Management Conference – particularly as Mr. Kravitz has

taken the lead on settlement discussions with Plaintiffs' counsel. However. Mr. Kravitz will be

traveling to Europe on June 29 (the day after the conference), and thus he is respectfully requesting

DEFENDANT NEBUAD, ENC.'S REQUEST TO ATTEND CMC 13043421.2

TELEPHONICALLY AND [PROPOSED] ORDER

CASE NO. CO8CV-05113(TEH)(EMC)

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DAN VALENTINE, et al.,

VS.

Plaintiffs,

Defendants.

Case 3:08-cv-05113-TEH Document 203 Filed 06/22/10 Page 1 of 2
the opportunity to address the Court by telephone rather than having to fly to San Francisco. Talley

McIntyre, from Mr. Kravitz's law firm, will be attending in person.

While the Case Management Conference is currently scheduled in conjunction with a hearing

on a pending motion to dismiss, which would preclude a telephonic appearance, the parties have

requested that the motion to dismiss be continued. In the joint case management statement, the

parties have requested the Court refer the case to a U.S. Magistrate for assistance with settlement

negotiations through mediation. Based on the ongoing settlement efforts and anticipated mediation,

the parties have filed under separate cover a:joint stipulation and proposed order requesting that the

motion to dismiss hearing be continued until after the termination of mediation if the parties are

unable to settle the case. The parties also requested that the Case Management Conference, currently

scheduled in conjunction with the hearing on the motion to dismiss on June 28, 2010 at 10:00 a.m.,

be moved to 1:30 p.m. in accordance with the Court's Standing Order.

For the foregoing reasons, NebuAd respectfully requests that Mr. Kravitz be permitted to

participate in the Case Management Conference telephonically.

DATED: June 21, 2010 Respectfully submitted,

NIXON PEABODY LLP

By: /s/ Talley E. McIntyre

TALLEY E. MCINTYRE

Attorneys for Defendant

NEBUAD, INC.

[PROPOSED] ORDER

It is hereby ordered that lead trial counsel for Defendant, NebuAd, Inc.., Jason Kravitz, may

participate in the Case Management Conference scheduled for June 28, 2010 at [10:00 a.m.] [1:30

p.m.], telephonically.

Dated:

Hon. Thelton E. Henderson

United States District Court Judge

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DEFENDANT NEBUAD, INC 'S REQUEST TO ATTEND CMC 13043421.2

TELEPHONICALLY AND [PROPOSED] ORDER

CASE NO. COSCV-05 I 13(TEL)(EMC)

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

Judge Thelton E. Henderson

06/22/10

Case 3:08-cv-05113-TEH Document 203 Filed 06/22/10 Page 2 of 2