Overture Services, Inc. v. Google Inc.

Filing 31

STIPULATION REQUEST FOR AN ORDER CHANGING TIME by Google Inc.. (Attachments: # 1 Proposed Order Proposed Order Granting Stipulated Request for an Order Changing Time)(Kwun, Michael)

Overture Services, Inc. v. Google Inc.

Doc. 31

Case 3:02-cv-01991-JSW

Document 31

Filed 10/18/2002

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BRINKS HOFER GILSON & LIONE JACK C. BERENZWEIG (Admitted Pro Hac Vice) WILLIAM H. FRANKEL (Admitted Pro Hac Vice) JASON C. WHITE (Admitted Pro Hac Vice) CHARLES M. MCMAHON (Admitted Pro Hac Vice) Nbc Tower - Suite 3600 455 North Cityfront Plaza Drive Chicago, Illinois 60611 Telephone: [phone] Facsimile: [phone] Attorneys For Plaintiff OVERTURE SERVICES, INC. KEKER & VAN NEST, LLP JOHN W. KEKER - #49092 JON B. STREETER - #101970 DARALYN J. DURIE - #169825 MICHAEL S. KWUN - #198945 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant GOOGLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

OVERTURE SERVICES, INC., a Delaware corporation, Plaintiff, v. GOOGLE INC., a California corporation, Defendant.

Case No. C 02-01991 CRB ADR STIPULATED REQUEST FOR AN ORDER CHANGING TIME; DECLARATION OF MICHAEL S. KWUN IN SUPPORT THEREOF

STIPULATED REQUEST FOR ORDER CHANGING TIME Plaintiff Overture Services, Inc. ("Overture") and defendant Google Inc. ("Google") 1

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STIPULATED REQUEST FOR AN ORDER CHANGING TIME CASE NO. C 02-01991 CRB ADR
Dockets.Justia.com

Case 3:02-cv-01991-JSW

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jointly request, pursuant to Civil L.R. 6-2, that the Court modify the case management schedule applicable to this case as follows: (1) Google's deadline for serving Preliminary Invalidity Contentions pursuant to

Patent L.R. 3-3, as well as the other deadlines set by the Patent Local Rules, shall be stayed pending resolution by a Magistrate Judge of Google's motion for an extension of time (filed on October 7, 2002). (2) Within ten court days of the date of the order by the Magistrate Judge resolving

Google's motion, the parties shall file with the Court a joint case management statement addressing any scheduling modifications that may be necessary in light of the Magistrate Judge's order. The Declaration of Michael S. Kwun, below, provides the information required by Civil L.R. 6-2(a)(1)-(3), as well as the attestation required by Section X(B) of the General Order 45. Dated: October 18, 2002 BRINKS HOFER GILSON & LIONE

By: /s/ Charles M. McMahon CHARLES M. MCMAHON Attorneys for Plaintiff OVERTURE SERVICES, INC. Dated: October 18, 2002 KEKER & VAN NEST, LLP

By: /s/ Michael S. Kwun MICHAEL S. KWUN Attorneys for Defendant GOOGLE INC. DECLARATION OF MICHAEL S. KWUN IN SUPPORT OF STIPULATED REQUEST FOR ORDER CHANGING TIME I, Michael S. Kwun, declare as follows: 1. I am an associate at the law firm of Keker & Van Nest, LLP, counsel of record for

Google in the above-captioned matter. I make this declaration in support of the parties' 2

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STIPULATED REQUEST FOR AN ORDER CHANGING TIME CASE NO. C 02-01991 CRB ADR

Case 3:02-cv-01991-JSW

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Stipulated Request for an Order Changing Time. I make the following declaration based upon my personal knowledge, and could and would testify thereto under oath if called upon to do so. 2. The parties request the foregoing modifications in order to allow the Magistrate

Judge time to consider Google's Motion for an Extension of Time. 3. The only previous time modification, whether by stipulation or Court order, was

the Court's October 8, 2002 Order Granting Google's Motion for an Extension of Time. The Court vacated that order on October 17, 2002, and informed the parties that Google's motion would be referred to a Magistrate Judge. 4. The modification requested by the parties in the above Stipulated Request for an

Order Changing Time may require rescheduling of the claim construction tutorial and hearing, which are currently scheduled for March 24 and 25, 2003, respectively, and other associated dates. The parties intend to address those issues in the joint case management conference statement described in the above Stipulated Request for an Order Changing Time. 5. Prior to filing the above Stipulated Request for an Extension of Time, I sent it to

Charles M. McMahon for his review, and he authorized me to file the Stipulated Request on his behalf. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on this 18th day of October 2002 at San Francisco, California.

___/s/ Michael S. Kwun_______________ MICHAEL S. KWUN

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STIPULATED REQUEST FOR AN ORDER CHANGING TIME CASE NO. C 02-01991 CRB ADR