Facebook, Inc. v. Power Ventures, Inc.

Filing 48

STIPULATION AND ORDER TO EXTEND TIME re 44 . Signed by Judge Jeremy Fogel on 7/24/09. (dlm, COURT STAFF) (Filed on 7/27/2009)

Facebook, Inc. v. Power Ventures, Inc. Doc. 48 Case5:08-cv-05780-JF Document48 Filed07/27/09 Page1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. NEEL CHATTERJEE (STATE BAR NO. 173985) nchatterjee@orrick.com JULIO C. AVALOS (STATE BAR NO. 255350) javalos@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: +1-650-614-7400 Facsimile: +1-650-614-7401 JESSICA S. PERS (STATE BAR NO. 077740) jpers@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: +1-415-773-5700 Facsimile: +1-415-773-5759 THOMAS J. GRAY (STATE BAR NO. 191411) tgray@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 4 Park Plaza Suite 1600 Irvine, CA 92614-2558 Telephone: +1-949-567-6700 Facsimile: 949-567 6710 Attorneys for Plaintiff FACEBOOK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION FACEBOOK, INC., Plaintiff, v. POWER VENTURES, INC. a Cayman Island Corporation; STEVEN VACHANI, an individual; DOE 1, d/b/a POWER.COM, DOES 2-25, inclusive, Defendants. Case No. 5:08-cv-05780 JF Assigned To: Hon. Jeremy Fogel ------- POSED] STIPULATION AND [PRO----------ORDER TO EXTEND TIME Amended Complaint Filed: January 13, 2008 OHS West:260697489.1 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND CASE NO.: 5:08-CV-05780 Dockets.Justia.com Case5:08-cv-05780-JF Document48 Filed07/27/09 Page2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This stipulation is entered into by and by and between Facebook, Inc. and Defendants Power Ventures, Inc. and Steven Vachani ("Defendants") through their respective counsel as follows: WHEREAS, on July 9, 2009 Defendants filed their Answer to Facebook's Complaint and asserted counterclaims against Facebook, WHEREAS the Early Neutral Evaluation Conference between the parties is currently scheduled for July 30, 2009, WHEREAS, on July 23, 2009, Facebook filed a Request to Substitute Counsel, requesting that the Court grant its request to change counsel from Perkins Coie LLP to Orrick, Herrington & Sutcliffe LLP, WHEREAS, the parties agree that it is in their best interests as well as in the interests of the Court, its resources, and the interests of justice to allow Facebook's new counsel a reasonable continuance to come up to speed on this matter, NOW THEREFORE, subject to the approval of the Court, it is hereby stipulated and agreed that Facebook's deadline to file its responses to Defendants' counterclaims is hereby extended for thirty (30) days, from August 3, 2009 to September 2, 2009. The parties further stipulate that the Early Neutral Evaluation Conference be temporarily taken off-calendar. The parties agree to work in good faith to arrange a new date in September 2009 that is acceptable to both them and the Evaluator. OHS West:260697489.1 -1- STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND CASE NO.: 5:08-CV-05780 Case5:08-cv-05780-JF Document48 Filed07/27/09 Page3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: July 23, 2009 ORRICK, HERRINGTON & SUTCLIFFE LLP /s/ Thomas J. Gray THOMAS J. GRAY Attorneys for Plaintiff FACEBOOK, INC. Dated: July 23, 2009 LAW OFFICES OF SCOTT A. BURSOR /s/ Scott A. Bursor SCOTT A. BURSOR Attorneys for Defendants POWER VENTURES, INC. and STEVEN VACHANI Filer's Attestation: Pursuant to General Order No. 45, §X(B), I attest under penalty of perjury that concurrence in the filing of the document has been obtained from its signatory. Dated: July 23, 2009 Respectfully submitted, /s/ Thomas J. Gray THOMAS J. GRAY OHS West:260697489.1 -2- STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND CASE NO.: 5:08-CV-05780 Case5:08-cv-05780-JF Document48 Filed07/27/09 Page4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OHS West:260697489.1 [PROPOSED] ORDER Pursuant to the parties' stipulation, Facebook's deadline to respond to Defendants' counter-claims is extended thirty (30) days to September 2, 2009 and the Early Neutral Evaluation conference is hereby taken off-calendar. The parties shall exercise good faith and reasonable efforts to reschedule the conference for such a date as is convenient for them and the evaluator. IT IS SO ORDERED. DATED: July _24 , 2009 __ Hon. Jeremy Fogel UNITED STATES DISTRICT COURT JUDGE -3- STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND CASE NO.: 5:08-CV-05780