CNET Networks, Inc. v. Etilize, Inc.

Filing 198

ORDER DENYING proposed 192 Stipulation accelerating hearing date; Signed by Judge Marilyn Hall Patel on 9/25/2008. (awb, COURT-STAFF) (Filed on 9/25/2008)

1 WINSTON & STRAWN LLP Glenn E. Westreich (SBN: 100457) 2 [e-mail] Patrick T. Michael (SBN: 169745) 3 [e-mail] Marcus T. Hall (SBN: 206495) 4 [e-mail] Laura K. Carter (SBN: 244956) 5 [e-mail] 101 California Street Suite 3900 6 San Francisco, California 94111-5894 Telephone: [phone] Facsimile: 415-591-1400 8 Attorneys for Plaintiff/Counter-Defendant CNET NETWORKS, INC. 9 10 11 12 13 14 CNET NETWORKS, INC. 15 16 vs. Plaintiff

NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISON

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17 ETILIZE, INC., 18 19 20 21 22 Defendant. AND RELATED COUNTERCLAIMS.

STIPULATION AND [PROPOSED] ORDER ER ACCELERATING HEARING DATE AND C N F D I S CNET DEADLINES RE PLAINTIFFT R I C T O NETWORKS, INC.'S MOTION TO MODIFY THE PROTECTIVE ORDER (CIV. L. R. 6-2)

WHEREAS, Plaintiff CNET Networks, Inc. ("Plaintiff" or "CNET") intends to file its opening

23 brief to Modify the Protective Order on September 24, 2008; 24 WHEREAS, pursuant to the Court's hearing schedule, the next available hearing date for a

25 regularly noticed motion pursuant to the local rules is November 17, 2008; 26 WHEREAS, the Court's hearing schedule indicates the Court is available to hear motions on

27 October 20, 2008; 28 WHEREAS, the parties have agreed to an October 20, 2008 hearing date and shortened briefing 1
STIPULATION AND [PROPOSED] ORDER ACCELERATING HEARING DATE AND DEADLINES RE PLAINTIFF CNET NETWORKS, INC.'S MOTION TO MODIFY PROTECTIVE ORDER; CASE NO. C06-05378 MHP

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1 schedule; 2 WHEREAS, the parties have agreed to the following briefing schedule and hearing date, pending

3 the Court's approval: 4 5 6 7 8 · · · · Opening Brief: Etilize's Opposition: No Reply Hearing Date: October 20, 2008 September 24, 2008 October 8, 2008

WHEREAS, the parties have previously stipulated to and the Court has ordered previous time

9 modifications as set forth below: 10 11 12 13 14 15 16 17 18 19 · · · · · Continuation of the Case Management dates set forth in the Court's Order Setting Initial Case Management Conference and ADR Deadlines; Extension of time to complete ADR mediation; Adoption of the schedule set forth in the Supplemental Case Management Order; Adoption of the schedule set forth in the Stipulation to modify the dates set forth in the Supplemental Case Management Order; and Extending the briefing schedule and hearing date for Etilize's Motion for Summary Judgment of Non-Infringement. WHEREAS, the requested acceleration of time will not affect the Case Management Schedule; IT IS THEREFORE HEREBY STIPULATED AND AGREED that all deadlines with respect to

20 further briefing and the hearing date on Plaintiff's Motion to Modify the Protective Order are accelerated 21 as follows: 22 23 1. 2. CNET will file its opening brief to Modify the Protective Order on September 24, 2008. The time for Etilize to file its opposition to CNET's Motion to Modify the Protective

24 Order is October 8, 2008. 25 / / / 26 / / / 27 / / / 28 / / / 2
STIPULATION AND [PROPOSED] ORDER ACCELERATING HEARING DATE AND DEADLINES RE PLAINTIFF CNET NETWORKS, INC.'S MOTION TO MODIFY PROTECTIVE ORDER; CASE NO. C06-05378 MHP

1 2 3 2008. 4

3. 4.

CNET will not file a brief in reply to Etilize's opposition. The hearing date regarding CNET's Motion to Modify the Protective Order is October 20,

5 Dated: September 24, 2008 6 7 8 9 10 11 12 13 14 Dated: September 24, 2008 15 16 17 18 19 20 21 By: By:

Respectfully submitted, WINSTON & STRAWN LLP

/s/ Patrick T. Michael Glenn E. Westreich Patrick T. Michael Marcus T. Hall Laura K. Carter Attorneys for Plaintiff and CounterDefendant CNET Networks, Inc.

MANATT, PHELPS & PHILLIPS, LLP

/s/ Michelle Gillette J. Bruce McCubbrey Michelle Gillette Imran Khaliq Attorneys for Defendant and CounterPlaintiff Etilize, Inc.

Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, 22 Patrick T. Michael, hereby attests that concurrence in the filing of this document has been obtained. 23 24 25 26 27 28 3
STIPULATION AND [PROPOSED] ORDER ACCELERATING HEARING DATE AND DEADLINES RE PLAINTIFF CNET NETWORKS, INC.'S MOTION TO MODIFY PROTECTIVE ORDER; CASE NO. C06-05378 MHP

Pursuant to Stipulation, IT IS SO ORDERED.

Dated: ________________

________________________________ The Hon. Marilyn H. Patel United States District Judge

1

PROOF OF SERVICE

2 CASE NAME: CNET Networks, Inc. v. Etilize, Inc. COURT: U.S. District Court, N.D. California (San Francisco Division) 3 CASE NO.: C 06-5378 MHP W&S FILE NO.: 250328.00003 4 I, the undersigned, certify that I am a resident of the State of California, that I am over the age of 5 eighteen years, and not a party to the within action. My business address is Winston & Strawn LLP, 101 California Street, Suite 3900, San Francisco, CA 94111-5894. 6 7 8 9 On September 24, 2008, I served the following document(s): STIPULATION AND [PROPOSED] ORDER ACCELERATING HEARING DATE AND DEADLINES RE PLAINTIFF CNET NETWORKS, INC.'S MOTION TO MODIFY THE PROTECTIVE ORDER (CIV. L. R. 6-2)

10 on Defendant and Counterclaimant Etilize, Inc., through their attorneys of record, by placing a true copy thereof by the following means of service: 11 : By First-Class Mail ­ I am readily familiar with the firm's practice for collection and processing 12 of correspondence for mailing. Under that practice, the correspondence is deposited with the United States Postal Service on the same day as collected, with first-class postage thereon fully prepaid, in San 13 Francisco, California, for mailing to the office of the addressee(s) following ordinary business practices. 14 15 : By Personal Service ­ I caused each such envelope to be given to a courier messenger to personally deliver to the office of the addressee(s).

: By Overnight Courier ­ I caused each such envelope to be given to an overnight mail service at 16 San Francisco, California, to be hand delivered to the office of the addressee(s) on the next business day. 17 : By Facsimile ­ From facsimile number [phone] at no later than 5:00 p.m., I caused each such document to be transmitted by facsimile machine, to the parties and numbers listed below, pursuant 18 to Rule 2008. The facsimile machine I used complied with Rule 2003(3) and no error was reported by the machine. 19 X : By Electronic Delivery ­ I caused each such electronic copy to be sent from the offices of 20 Winston & Strawn LLP, San Francisco, California to the electronic mailing address of the addressee(s). 21 Addressee(s): 22 PLEASE SEE SERVICE LIST ATTACHED HERETO. 23 24 25 26 27 28 4
STIPULATION AND [PROPOSED] ORDER ACCELERATING HEARING DATE AND DEADLINES RE PLAINTIFF CNET NETWORKS, INC.'S MOTION TO MODIFY PROTECTIVE ORDER; CASE NO. C06-05378 MHP

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on September 24, 2008, at San Francisco, California.

_______/s/ Tapa E. Tualaulelei___________ Tapa E. Tualaulelei

1 2 3

SERVICE LIST CNET Networks, Inc. v. Etilize, Inc. U.S.D.C., Northern District of California; Case No. C06-5378 (MHP)

Attorneys for Defendant and Counterclaimant 4 ETILIZE, INC.: 5 J. Bruce McCubbrey, Esq. Imran Khaliq, Esq. 6 MANATT, PHELPS & PHILLIPS, LLP 1001 Page Mill Road, Bldg. 2 7 Palo Alto, CA 94304-1006 Telephone No.: [phone] 8 Facsimile No.: [phone] E-Mail: [e-mail] 9 E-Mail: [e-mail] 10 Michelle Gillette, Esq. MANATT, PHELPS & PHILLIPS, LLP 11 One Embarcadero Center, 30th Floor San Francisco, CA 94111-3719 12 Telephone No.: [phone] Facsimile No.: [phone] 13 E-Mail: [e-mail] 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5
STIPULATION AND [PROPOSED] ORDER ACCELERATING HEARING DATE AND DEADLINES RE PLAINTIFF CNET NETWORKS, INC.'S MOTION TO MODIFY PROTECTIVE ORDER; CASE NO. C06-05378 MHP