CNET Networks, Inc. v. Etilize, Inc.

Filing 351

STIPULATION AND ORDER extending pretrial filing deadlines to 1/272/009; Signed by Judge Marilyn Hall Patel on 1/23/2009. (awb, COURT-STAFF) (Filed on 1/23/2009)

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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW PALO A L T O

MANATT, PHELPS & PHILLIPS, LLP ROBERT D. BECKER (Bar No. CA 160648) E-mail: [e-mail] J. BRUCE MCCUBBREY (Bar No. CA 038817) E-mail: [e-mail] SHAWN G. HANSEN (Bar No. CA 197033) E-mail: [e-mail] IMRAN KHALIQ (Bar No. CA 232607) E-mail: [e-mail] 1001 Page Mill Road, Building 2 Palo Alto, CA 94304-1006 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant & Counterclaimant ETILIZE, INC. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CBS INTERACTIVE INC., Plaintiff, vs. ETILIZE, INC., Defendant. Case No. C 06-5378 (MHP) STIPULATION AND [PROPOSED] ORDER CONTINUING THE DATE FOR FILING PRETRIAL CONFERENCE STATEMENT FROM JANUARY 23, 2009 TO JANUARY 27, 2009 TO FACILITATE INFORMAL RESOLUTION OF EVIDENTIARY DISPUTES CIVIL L.R. 6-2 AND 7-12 AND RELATED COUNTERCLAIMS

Pursuant to Civil L.R. 6-2 and 7-12, Plaintiff CBS Interactive Inc. ("CBSi") and Defendant Etilize, Inc. ("Etilize"), through their counsel of record, stipulate as follows: WHEREAS, on April 30, 2008 the Court entered a Stipulation And Order Modifying The Schedule Set Forth In The Joint Case Management Order (See Docket No. 86) ("April 2008 Scheduling Order"); and WHEREAS, the April 2008 Scheduling Order is the only previous modification of the case schedule relating to the present matter; and -1STIPULATION AND [PROPOSED] ORDER CONTINUING DATE FOR FILING PRETRIAL CONFERENCE STATEMENT - CASE NO. C 06-5378

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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW PALO A L T O

WHEREAS, the April 2008 Scheduling Order did not modify the originally scheduled dates for the Pretrial Conference, set for approximately February 6, 2009, and for the Trial, set to begin approximately February 16, 2009 (see April 2008 Scheduling Order, pp. 2-4); and WHEREAS, the April 2008 Scheduling Order provides, inter alia, that the last day to file the Pretrial Conference statement is January 23, 2009; and WHEREAS, in preparation for filing the Pretrial Conference statement, and in accordance with the Trial Requirements document provided to both parties by the Court's clerk, the parties have exchanged witness lists, exhibit lists and objections thereto, deposition designations and objections and counter-designations thereto, and proposed jury instructions, and have met and conferred in an effort to resolve evidentiary matters before the pretrial conference; and WHEREAS, the parties have made substantial progress toward reducing the number of unresolved disputes for the Court to decide and believe that the additional time requested herein will facilitate further reduction in the number of unresolved disputes to be presented in the Pretrial Conference statement; WHEREAS, continuing the date for filing the Pretrial Conference statement as requested herein will not change the previously scheduled dates for the Pretrial Conference, Trial or any other dates in the April 2008 Scheduling Order; NOW, THEREFORE, the parties respectfully submit this Stipulation And [Proposed] Order Modifying Date For Filing Pretrial Conference Statement and request the Court to enter an Order that the last day to file the Pretrial Conference statement is continued from January 23, 2009 to January 27, 2009. /// /// /// /// /// /// /// -2STIPULATION AND [PROPOSED] ORDER CONTINUING DATE FOR FILING PRETRIAL CONFERENCE STATEMENT - CASE NO. C 06-5378

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 By: Dated:

IT IS SO STIPULATED.

January 22, 2009 WINSTON & STRAWN LLP

MANATT, PHELPS & PHILLIPS, LLP

/s/ Shawn G. Hansen Robert D. Becker J. Bruce McCubbrey Shawn G. Hansen Imran Khaliq Attorneys for Defendant & Counterclaimant ETILIZE, INC.

By:

/s/ Patrick T. Michael Glenn E. Westreich Patrick T. Michael Marcus T. Hall Laura K. Carter Attorneys for Plaintiff & Counterclaim Defendant CBS INTERACTIVE INC.

Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, Shawn G. Hansen hereby attests that concurrence in the filing of this document has been obtained. PURSUANT TO STIPULATION, IT IS SO ORDERED

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MANATT, PHELPS & PHILLIPS, LLP
A T T O R N E Y S A T LAW PALO A L T O

DATED: 1/23/2009

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STIPULATION AND [PROPOSED] ORDER CONTINUING DATE FOR FILING PRETRIAL CONFERENCE STATEMENT - CASE NO. C 06-5378

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