Netflix, Inc. v. Blockbuster, Inc.

Filing 127

Netflix, Inc. v. Blockbuster, Inc.

Doc. 127

Case 3:06-cv-02361-WHA

Document 127

Filed 01/10/2007

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KEKER & VAN NEST, LLP JEFFREY R. CHANIN - #103649 DARALYN J. DURIE - #169825 ASHOK RAMANI - #200020 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff and Counterclaim-defendant, NETFLIX, INC. ALSCHULER GROSSMAN LLP Marshall B. Grossman (No. 35958) William J. O'Brien (No. 99526) Tony D. Chen (No. 176635) Dominique N. Thomas (No. 231464) The Water Garden 1620 26th Street Fourth Floor, North Tower Santa Monica, CA 90404-4060 Telephone: [phone] Facsimile: 310-907-2000 Email: [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Defendant and Counterclaimant, Blockbuster Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

NETFLIX, INC., a Delaware corporation, Plaintiff, v. BLOCKBUSTER, INC., a Delaware corporation, DOES 1-50, Defendant. AND RELATED COUNTERCLAIMS

Case No. C 06 2361 WHA STIPULATION REQUESTING CONTINUANCE OF HEARING DATE Complaint filed: April 4, 2006

387711.01

STIPULATION REQUESTING CONTINUANCE OF HEARING DATE CASE NO. C 06 2361 WHA
Dockets.Justia.com

Case 3:06-cv-02361-WHA

Document 127

Filed 01/10/2007

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WHEREAS, Netflix, Inc. and Blockbuster Inc. (collectively, "the parties") filed in November of 2006 cross-motions to compel and a motion for protective order, and subsequently reached agreement on the majority of the contested issues in those motions by way of a stipulation filed on December 15, 2006;1 WHEREAS, the parties have diligently attempted to reach agreement on the remaining issues and are currently endeavoring to reach agreement on a stipulation resolving those remaining issues; WHEREAS, the parties presently have a hearing scheduled for Friday, January 12, 2006 on the remaining issues in dispute, with briefing on the issues remaining in dispute scheduled to be filed today; WHEREAS, the parties believe that additional time spent negotiating the terms of a stipulation resolving the remaining issues is likely to enable them either to reach complete agreement on a stipulation, obviating the need for a hearing, or to significantly narrow any issues that remain to be presented for resolution at a hearing; WHEREAS, the parties understand that Magistrate Judge Spero is available on January 26 to hear argument on any remaining issues, should the parties prove unable to resolve all of the issues involved; THEREFORE, the parties hereby jointly request that the hearing presently scheduled for Friday, January 12, 2007 at 9:30 a.m. be continued until Friday, January 26, 2007 at 9:30 a.m., with the parties to submit either a finalized stipulation, or briefing that includes each side's proposed order and arguments for why that proposed order should be adopted, no later than Wednesday, January 24, 2007.

A corrected version of that stipulation was filed on December 19, 2006, and the Court entered an Order pursuant to the corrected version of that stipulation on December 20, 2006. 1
STIPULATION REQUESTING CONTINUANCE OF HEARING DATE CASE NO. C 06 2361 WHA

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Case 3:06-cv-02361-WHA

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Filed 01/10/2007

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Dated: January 10, 2007

Respectfully submitted, KEKER & VAN NEST, LLP

By:

Dated: January 10, 2007

/s/ ____________________________ Eugene M. Paige Attorneys For Plaintiff and Counterclaim Defendant NETFLIX, INC. Respectfully submitted, ALSCHULER GROSSMAN LLP

By:

/s/ ____________________________ William J. O'Brien Attorneys For Defendant and Counterclaimant BLOCKBUSTER INC.

Pursuant to stipulation, IT IS SO ORDERED.

Dated:

By: __________________________________ THE HON. JOSEPH C. SPERO UNITED STATES MAGISTRATE JUDGE

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387711.01

STIPULATION REQUESTING CONTINUANCE OF HEARING DATE CASE NO. C 06 2361 WHA