Netflix, Inc. v. Blockbuster, Inc.
Filing
221
Letter from Mary T. Huser re hearing date and briefing schedule for summary judgment motions. (Huser, Mary) (Filed on 5/31/2007)
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Netflix, Inc. v. Blockbuster, Inc.
Doc. 221
Case 3:06-cv-02361-WHA
Document 221
Filed 05/31/2007
Page 1 of 5
Mary T. Huser Direct Phone: 650.849.4914 Direct Fax: 650.849.4800 mary.huser@bingham.com
May 31, 2007 BY E-FILING The Honorable Judge William Alsup United States District Court Northern District of California 450 Golden Gate Avenue Courtroom 9, 19th Floor San Francisco, CA 94102-3483 Re: Netflix v. Blockbuster, Case No. C-06-2361 WHA (JCS) Dear Judge Alsup: On June 30, 2006, this Court issued its Case Management Order providing, "The last date to file dispositive motions shall be JUNE 14, 2007." This date has never been extended. The Order also stated, "No dispositive motions shall be heard more than 35 days after this deadline . . . the parties must adhere to the 35-day track in order to avoid pressure on the trial date." Thirty-five days after June 14 is July 19. Yesterday, Blockbuster's counsel sought a July 19 hearing and were told by Dawn Toland, the docket clerk, that you will not be available until August 2. She advised us to schedule the hearing for that date. We informed Netflix's counsel of that date to ensure their availability. Netflix has indicated that it also plans to file summary judgment motions. In the attached letter, Netflix's counsel stated that they are available for the August 2 hearing. However, they oppose a hearing date on August 2 because it is not within thirtyfive days of June 14. Blockbuster is not seeking an extension of the hearing date. The only reason a later hearing date would be required is because of the Court's calendar. Netflix's solution, requiring Blockbuster to file its summary judgment motions early, with only two weeks remaining to the deadline, and in the middle of expert depositions, is not feasible. Blockbuster is willing to have the hearing on shortened time to accommodate the Court's schedule, if necessary.
ACTIVE/72035820.1/3006338-0000325413
Dockets.Justia.com
Case 3:06-cv-02361-WHA
Document 221
Filed 05/31/2007
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The Honorable Judge William Alsup Page 2 Blockbuster therefore seeks an order from the Court setting a hearing date and briefing schedule for motions for summary judgment in this matter. We appreciate Your Honor's assistance. Respectfully submitted, /s Mary T. Huser
ACTIVE/72035820.1/3006338-0000325413
Case 3:06-cv-02361-WHA
Document 221
Filed 05/31/2007
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Case 3:06-cv-02361-WHA
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Case 3:06-cv-02361-WHA
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