Facebook, Inc. v. Power Ventures, Inc.

Filing 28

SCHEDULING ORDER PURSUANT TO 23 STIPULATION. The Case Management Conference set for 4/17/2009 is VACATED, and will be reset after a ruling on Defendants' pending Motion To Dismiss. Signed by Judge Jeremy Fogel on 4/9/2009. (jflc2, COURT STAFF) (Filed on 4/14/2009)

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1 BRAMSON, PLUTZIK, MAHLER & BIRKHAEUSER, LLP Alan R. Plutzik (State Bar No. 077785) 2 L. Timothy Fisher (State Bar No. 191626) 2125 Oak Grove Road, Suite 120 **E-Filed 4/14/09** 3 Walnut Creek, CA 94598 Telephone: (925) 945-0200 4 Facsimile: (925) 945-8792 5 Attorneys for Defendants 6 7 UNITED STATES DISTRICT COURT 8 9 10 11 FACEBOOK, INC., 12 13 14 -against15 POWER VENTURES, INC. d/b/a POWER.COM, a 16 California corporation; POWER VENTURES, INC. a Cayman Island Corporation, STEVE VACHANI, an 17 individual; DOE 1, d/b/a POWER.COM, an individual and/or business entity of unknown nature; DOES 2 18 through 25, inclusive, individuals and/or business entities of unknown nature, 19 20 21 22 23 24 25 26 27 28 [PROPOSED] SCHEDULING ORDER PURSUANT TO STIPULATION CASE NO. 08-05780 57894 NORTHERN DISTRICT OF CALIFORNIA Case No. 5:08-cv-05780 Plaintiff, -----------------[PROPOSED] SCHEDULING ORDER PURSUANT TO STIPULATION Defendants. 1 WHEREAS counsel for plaintiff, Facebook, Inc., and defendants Power Ventures, Inc. 2 d/b/a Power.com, and Steve Vachani, have met and conferred on March 25, 2009, on the subjects 3 of initial disclosures, early settlement, ADR process selection, and discovery plan, as required by 4 the 12/30/08 Order Setting Initial Case Management Conference And ADR Deadlines; 5 WHEREAS defendants' motion to dismiss or, in the alternative, for a more definite 6 statement, was filed on March 23, 2009, and set for hearing on May 8, 2009; 7 WHEREAS the pending motion extends the time for defendants to file a responsive 8 pleading under Fed. R. Civ. P. 12(a)(4); 9 WHEREAS the parties agree that that the formulation of a discovery plan and Rule 26(f) 10 report should take into account the complaint and the responsive pleading, to properly frame the 11 issues in the case; and 12 WHEREAS the parties have filed a stipulation with the Court providing for an extension 13 of time, as set forth in this Order, for the filing of a Rule 26(f) report, complete initial 14 disclosures, the assertion of objections and the filing of Case Management Statements, and for 15 the continuance of the initial Case Management Conference, 16 NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to the stipulation of the 17 parties, as follows: 18 1. The deadline to file a Rule 26(f) report, complete initial disclosures or state 19 objection in Rule 26(f) Report and file Case Management Statement is extended to 30 days after 20 a ruling on defendants' pending motion to dismiss, or in the alternative, for a more definite 21 statement. 22 2. The initial case management conference set for April 17, 2009 is adjourned and 23 reset for a date approximately 45 days after a ruling on defendants' pending motion to dismiss, 24 or in the alternative, for a more definite statement. 25 26 27 28 [PROPOSED] SCHEDULING ORDER PURSUANT TO STIPULATION CASE NO. 08-05780 57894 IT IS SO ORDERED. 4/9/09 DATE: ______________ ___________________________ Hon. Jeremy Fogel United States District Judge [PROPOSED] SCHEDULING ORDER PURSUANT TO STIPULATION CASE NO. 08-05780 57894