Think Computer Corporation v. Dwolla, Inc. et al

Filing 138

STIPULATION AND ORDER re 136 Stipulation Enlarging briefing Schedule filed by Think Computer Corporation. Set/Reset Deadlines as to 136 Stipulation, 91 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, 128 MOTION to Dismiss for Lack of Jurisdiction : Responses due by 9/23/2013. Replies due by 10/14/2013. Signed by Judge Edward J. Davila on 9/10/2013. (ecg, COURT STAFF) (Filed on 9/10/2013)

S UNIT ED 6 FO a LI H ER J . D av i l R NIA ERED A 3 RT U O d w a rd J u d ge E ATTORNEYS FOR PLAINTIFF 2 RT 5 O ORD IT IS S NO 4 MICHAEL ASCHENBRENER (SBN 277114) mja@aschenbrenerlaw.com ASCHENBRENER LAW, P.C. 795 Folsom Street, First Floor San Francisco, CA 94107 Telephone: (415) 813-6245 Facsimile: (415) 813-6246 1 S DISTRICT TE C TA N D IS T IC T R 7 9/10/2013 NORTHERN DISTRICT OF CALIFORNIA 9 C UNITED STATES DISTRICT COURT 8 OF SAN JOSE DIVISION 10 11 THINK COMPUTER CORPORATION, a Delaware Corporation, Plaintiff, 12 13 14 v. DWOLLA, INC. et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) ) ) Case No. 5:13-cv-02054-EJD STIPULATION TO ENLARGE TIME TO BRIEFING SCHEDULE FOR DEFENDANT ACTBLUE, LLC’S MOTION TO DISMISS AND JOINDER IN DEFENDANTS’ MOTIONS TO DISMISS Judge Edward J. Davila 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION 5:13-cv-02054-EJD 1 STIPULATION 2 Pursuant to Civil L.R. 6-1 and 6-2, Plaintiff Think Computer Corporation ("Think 3 Computer") and Defendant ActBlue, LLC (“ActBlue”) hereby stipulate and agree as follows: - 4 Plaintiff shall have until September 23, 2013 to respond to ActBlue’s Motion to Dismiss and Joinder in Defendants’ Motion to Dismiss (Dkt. No. 128); 5 6 - ActBlue shall have until October 14, 2013 to file its reply in support of its motion. 7 The parties seek this enlargement of time in order to coordinate the response and reply 8 deadlines among ActBlue’s motion to dismiss and the already filed motions to dismiss it seeks to 9 join. (Dkt. No. 90; Asch. Decl. ¶ 2.) This enlargement of time will increase efficiency for the 10 parties and for the Court. (Asch. Decl. ¶ 3.) 11 There have been three prior time modifications in this case, two of which were by 12 stipulation (Dkt Nos. 73 & 74, 90) and one of which was by motion (Dkt. No. 131). (Asch. Decl. 13 ¶ 4.) 14 The proposed time modification will not affect the schedule of the case. (Id. ¶ 5.) In fact, 15 this time modification will align the response and reply deadlines with the motion that ActBlue 16 seeks to join. (Id. ¶ 6.) The parties do not seek to alter any existing hearings. (Asch. Decl. ¶ 7.) 17 And the proposed enlargement will have no effect on the January 10, 2014 hearing date on the 18 motions to dismiss. (Asch. Decl. ¶ 8.) 19 Respectfully submitted, 20 21 Dated: September 6, 2013 By: s/ Michael Aschenbrener Michael Aschenbrener ASCHENBRENER LAW, P.C. One of the Attorneys for Plaintiff Dated: September 6, 2013 By: s/ Ivo Labar Ivo Labar KERR & WAGSTAFFE LLP One of the Attorneys for ActBlue, LLC 22 23 24 25 26 27 28 STIPULATION 1 5:13-cv-02054-EJD 1 CERTIFICATE OF SERVICE 2 3 4 5 The undersigned certifies that, on September 6, 2013, he caused this document to be electronically filed with the Clerk of Court using the CM/ECF system, which will send notification of filing to counsel of record for each party. 6 7 Dated: September 6, 2013 ASCHENBRENER LAW, P.C. 8 By: s/ Michael Aschenbrener Michael Aschenbrener 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION 2 5:13-cv-02054-EJD