Perfect 10 Inc v. Google Inc et al

Filing 970

STIPULATION to Stay Case pending Ruling by Court of Appeals filed by Defendant and Counterclaimant Google Inc. (Attachments: #1 Proposed Order)(Caruso, Margret)

Perfect 10 Inc v. Google Inc et al

Doc. 970

1 (COUNSEL LISTED ON FOLLOWING PAGE) 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NO. CV 04-9484 AHM (SHx) STIPULATION FOR STAY OF DISCOVERY AND OTHER PROCEEDINGS PENDING RULING BY COURT OF APPEALS Court: Hon. A. Howard Matz [Proposed] Order Filed Concurrently Herewith

10 PERFECT 10, INC., a California corporation, 11 Plaintiff, 12 vs. 13 GOOGLE INC., a corporation; and 14 DOES 1 through 100, inclusive, 15 16 17 18 19 20 21 22 23 24 25 26 27 28
01980.51320/3647234.1

Defendants. AND COUNTERCLAIM

Case No. CV 04-9484 AHM (SHx) STIPULATION TO STAY DISCOVERY AND ALL OTHER PROCEEDINGS PENDING APPEAL Dockets.Justia.com

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Michael T. Zeller (Bar No. 196417) [e-mail] 2 865 South Figueroa Street, 10th Floor 3 Los Angeles, California 90017-2543 Telephone: [phone] Facsimile: [phone] Charles K. Verhoeven (Bar No. 170151) [e-mail] 5 50 California Street, 22nd Floor 6 San Francisco, California 94111 Rachel Herrick Kassabian (Bar No. 191060) [e-mail] 7 Margret M. Caruso (Bar No. 243473) [e-mail] 8 555 Twin Dolphin Drive, 5th Floor 9 Redwood Shores, California 94065 10 Attorneys for Defendant GOOGLE INC. 11 12 THE LAW OFFICES OF JEFFREY N. MAUSNER Jeffrey N. Mausner (State Bar No. 122385) 13 David N. Schultz (State Bar No. 123094) Warner Center Towers 14 21800 Oxnard Street, Suite 910 Woodland Hills, CA 91367 15 Telephone: [phone] Facsimile: 818-716-2773 16 Attorneys for Plaintiff Perfect 10, Inc. 17 18 19 20 21 22 23 24 25 26 27 28
01980.51320/3647234.1

Case No. CV 04-9484 AHM (SHx) -2STIPULATION TO STAY DISCOVERY AND ALL OTHER PROCEEDINGS PENDING APPEAL

1

WHEREAS, this Court, by its July 30, 2010 Order denied plaintiff Perfect 10,

2 Inc.'s second motion for preliminary injunction against defendant Google Inc., which 3 incorporates by reference the Court's July 26, 2010 Order on Google's DMCA 4 Motions; 5 7 WHEREAS, on August 20, 2010 Perfect 10 confirmed to Google that it would WHEREAS, Perfect 10's planned appeal of the Court's rulings on Perfect 10's 6 file an appeal of the Court's orders; 8 preliminary injunction motion and Google's DMCA motions will address important, 9 foundational legal issues in the case; 10 WHEREAS, it is in the best interests of judicial economy to stay discovery, 11 motion practice, and all other proceedings in the District Court in the above12 captioned action, except for those matters directly related to the appeal, until the 13 Ninth Circuit rules on Perfect 10's appeal to determine the governing legal standards 14 and what further discovery and motion practice, if any, will be necessary to resolve 15 Perfect 10's claims; 16 WHEREAS, Magistrate Judge Hillman issued his Order re Google's Motion to 17 Quash the Subpoenas Directed to Shantal Rands Poovala and for a Protective Order, 18 which Order was electronically served upon the parties on August 10, 2010 (Docket 19 No. 964); 20 22 WHEREAS, under L.R. 72-2.1, the time for Google to file a motion for review WHEREAS, on August 18, 2010, Google informed Perfect 10 that it intends to 21 of Magistrate Judge Hillman's Order is no later than August 24, 2010; 23 file objections to and a motion for review of Magistrate Judge Hillman's Order, based 24 in part on this Court's rulings on Perfect 10's preliminary injunction motion and 25 Google's DMCA motions; 26 28 WHEREAS, the parties have mutually agreed to extend the deadline pertaining 27 to Google's objections and motion for review of Magistrate Judge Hillman's Order
01980.51320/3647234.1

Case No. CV 04-9484 AHM (SHx) -3STIPULATION TO STAY DISCOVERY AND ALL OTHER PROCEEDINGS PENDING APPEAL

1 pursuant to a stay of discovery and all other proceedings in this action during 2 appellate proceedings; 3 THEREFORE, IT IS HEREBY STIPULATED by Google and Perfect 10, 4 through their counsel of record and subject to the Court's approval pursuant to L.R. 5 7-1, that: 6 1. Discovery and all other proceedings in the District Court in the above7 captioned action between Perfect 10 and Google, except for those matters directly 8 related to the appeal, are stayed until the Ninth Circuit Court of Appeals issues a 9 decision on Perfect 10's appeal of the Court's July 30, 2010 Order, which 10 incorporates by reference the Court's July 26, 2010 Order, and 11 2. The deadline for Google to file objections to and a motion for review of 12 Magistrate Judge Hillman's August 10, 2010 Order is extended until fourteen (14) 13 days after the lifting of that stay following the conclusion of Perfect 10's appeal. 14 15 The parties jointly request that the Court enter an order reflecting same. Alternatively, should the Court decline to enter a stay, the parties STIPULATE,

16 subject to the Court's approval, that the briefing schedule for Google's motion for 17 review of Magistrate Judge Hillman's Order shall be as follows: (1) Google's 18 objections to and motion for review shall be filed and served by email on or before 19 August 31, 2010, (2) Perfect 10's opposition shall be filed and served by email on or 20 before September 10, 2010, (3) Google's reply shall be filed and served by email on 21 or before September 20, 2010, and (4) the hearing on Google's objections and motion 22 for review shall be set for October 4, 2010 at 10:00 a.m. (or such other date and time 23 as may be convenient for the Court). 24 25 26 27 28
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Respectfully Submitted,

Case No. CV 04-9484 AHM (SHx) -4STIPULATION TO STAY DISCOVERY AND ALL OTHER PROCEEDINGS PENDING APPEAL

1 DATED: August 23, 2010 2 3 4 5 6 7 DATED: August 23, 2010 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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QUINN EMANUEL URQUHART & SULLIVAN, LLP By Margret Caruso Attorneys for Defendant GOOGLE INC. THE LAW OFFICES OF JEFFREY N. MAUSNER By /s/ (with permission) Jeffrey N. Mausner Attorney for Plaintiff PERFECT 10, INC.

Case No. CV 04-9484 AHM (SHx) -5STIPULATION TO STAY DISCOVERY AND ALL OTHER PROCEEDINGS PENDING APPEAL