Perfect 10 Inc v. Google Inc et al

Filing 978

ORDER by Judge A. Howard Matz: ACCORDINGLY, PURSUANT TO THE PARTIES Stipulation #970 , IT IS ORDERED AS FOLLOWS: (1) Discovery and all other proceedings in the District Court in the above-captioned action between Perfect 10 and Google, except for those matters directly related to the appeal, are stayed until the Ninth Circuit Court of Appeals issues a decision on Perfect 10's appeal of the Court's 7/30/2010 Order, which incorporates by reference the Court's 7/26/2010 Order, and (2) The deadline for Google to file objections to and a motion for review of Magistrate Judge Hillmans 8/10/2010 Order is extended until fourteen (14) days after the lifting of that stay following the conclusion of Perfect 10's appeal. (jp)

Perfect 10 Inc v. Google Inc et al

Doc. 978

1 2 3 4 5 6 7 8 9 10 11 PERFECT 10, INC., a California corporation, 12 Plaintiff, 13 vs. 14 GOOGLE INC., a corporation; and 15 DOES 1 through 100, inclusive, 16 17 18 19 20 21 22 23 24 25 26 27 28
01980.51320/3647235.1

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NO. CV 04-9484 AHM (SHx) ORDER STAYING DISCOVERY AND ALL OTHER PROCEEDINGS PENDING RULING BY COURT OF APPEALS

Defendants. AND COUNTERCLAIM

Case No. CV 04-9484 AHM (SHx) [PROPOSED] ORDER STAYING DISCOVERY AND ALL OTHER PROCEEDINGS PENDING APPEAL Dockets.Justia.com

1 2

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

3 Inc.'s second motion for preliminary injunction against defendant Google Inc., 4 which incorporates by reference the Court's July 26, 2010 Order on Google's 5 DMCA Motions; 6 8 WHEREAS, on August 20, 2010 Perfect 10 confirmed to Google that it WHEREAS, Perfect 10's planned appeal of the Court's rulings on Perfect 7 would file an appeal of the Court's orders; 9 10's preliminary injunction motion and Google's DMCA motions will address 10 important, foundational legal issues in the case; 11 WHEREAS, it is in the best interests of judicial economy to stay discovery, 12 motion practice, and all other proceedings in the District Court in the above13 captioned action, except for those matters directly related to the appeal, until the 14 Ninth Circuit rules on Perfect 10's appeal to determine the governing legal standards 15 and what further discovery and motion practice, if any, will be necessary to resolve 16 Perfect 10's claims; 17 WHEREAS, Magistrate Judge Hillman issued his Order re Google's Motion 18 to Quash the Subpoenas Directed to Shantal Rands Poovala and for a Protective 19 Order, which Order was electronically served upon the parties on August 10, 2010 20 (Docket No. 964); 21 23 WHEREAS, under L.R. 72-2.1, the time for Google to file a motion for WHEREAS, on August 18, 2010, Google informed Perfect 10 that it intends 22 review of Magistrate Judge Hillman's Order is no later than August 24, 2010; 24 to file objections to and a motion for review of Magistrate Judge Hillman's Order, 25 based in part on this Court's rulings on Perfect 10's preliminary injunction motion 26 and Google's DMCA motions; 27 WHEREAS, the parties have mutually agreed to extend the deadline 28 pertaining to Google's objections and motion for review of Magistrate Judge
01980.51320/3647235.1

Case No. CV 04-9484 AHM (SHx) -2ORDER STAYING DISCOVERY AND ALL OTHER PROCEEDINGS PENDING APPEAL

1 Hillman's Order pursuant to a stay of discovery and all other proceedings in this 2 action during appellate proceedings; 3 5 ACCORDINGLY, PURSUANT TO THE PARTIES' STIPULATION, IT IS 1. Discovery and all other proceedings in the District Court in the above4 HEREBY ORDERED AS FOLLOWS: 6 captioned action between Perfect 10 and Google, except for those matters directly 7 related to the appeal, are stayed until the Ninth Circuit Court of Appeals issues a 8 decision on Perfect 10's appeal of the Court's July 30, 2010 Order, which 9 incorporates by reference the Court's July 26, 2010 Order, and 10 2. The deadline for Google to file objections to and a motion for review of 11 Magistrate Judge Hillman's August 10, 2010 Order is extended until fourteen (14) 12 days after the lifting of that stay following the conclusion of Perfect 10's appeal. 13 14 IT IS SO ORDERED. 15 DATED: August 25, 2010 16 17 18 19 20 21 22 23 24 25 26 27 28
01980.51320/3647235.1

A. Howard Matz United States District Judge

Case No. CV 04-9484 AHM (SHx) -3ORDER STAYING DISCOVERY AND ALL OTHER PROCEEDINGS PENDING APPEAL