Realnetworks, Inc. et al v. DVD Copy Control Association, Inc. et al

Filing 451

STIPULATION AND ORDER RESETTING Hearing on Motion 444 MOTION TO DISMISS COUNTERCLAIMS TO 10/26/2009 02:00 PM in Courtroom 15, 18th Floor, San Francisco; Replies to be filed by 9/4/2009; Signed by Judge Marilyn Hall Patel on 9/1/2009. (awb, COURT STAFF) (Filed on 9/1/2009)

Realnetworks, Inc. et al v. DVD Copy Control Association, Inc. et al

Doc. 451

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1 REGINALD D. STEER (SBN 056324) [e-mail] 2 MARIA ELLINIKOS (SBN 235528) [e-mail] 3 AKIN GUMP STRAUSS HAUER & FELD LLP 580 California Street, 15th Floor 4 San Francisco, California 94104-1036 Telephone: [phone] Facsimile: [phone] 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. DVD COPY CONTROL ASSOCIATION, INC., a Delaware nonprofit corporation, et al. Defendants. STEPHEN MICK (SBN 131569) [e-mail] MICHAEL SMALL (SBN 222768) [e-mail] AKIN GUMP STRAUSS HAUER & FELD LLP 2029 Century Park East, Suite 2400 Los Angeles, California 90067-3012 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant DVD COPY CONTROL ASSOCIATION, INC.

WILLIAM SLOAN COATS (SBN 94864) [e-mail] MARK WEINSTEIN (SBN 193043) [e-mail] MARK F. LAMBERT (SBN 197410) [e-mail] WHITE & CASE LLP 3000 El Camino Real 5 Palo Alto Square, 9th Floor Palo Alto, California 94306 Telephone: [phone] Facsimile: [phone]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA REALNETWORKS, INC., a Washington Corporation; and REALNETWORKS HOME ENTERTAINMENT, INC., a Delaware corporation, Plaintiffs, Case No. C08 04548 MHP Related Case No. C08 CV 04719 MHP STIPULATION AND [PROPOSED] ORDER TO SET HEARING ON MOTION OF DEFENDANT DVD COPY CONTROL ASSOCIATION, INC. TO DISMISS COUNTERCLAIMS FOR OCTOBER 26, 2009 AND EXTEND DEADLINE FOR DVD CCA'S REPLY TO OPPOSITION OF REALNETWORKS TO MOTION TO DISMISS TO SEPTEMBER 4, 2009

AND RELATED CASES WHEREAS, Plaintiffs RealNetworks, Inc. and RealNetworks Home Entertainment, Inc. (collectively, "RealNetworks") filed counterclaims against Defendant and Counterclaimant DVD Copy Control Association ( "DVD CCA") on May 13, 2009; WHEREAS the DVD CCA filed a motion to dismiss the counterclaims of RealNetworks on July 14, 2009 and noticed the hearing on its motion to dismiss for September 14, 2009 at 2:00 p.m.; 1
STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE CASE NO. C08 04548 MHP; C08 CV 04719 MHP
Dockets.Justia.com

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WHEREAS counsel for the DVD CCA and RealNetworks have agreed to continue the hearing to

2 Monday, October 26, 2009, at 2:00 p.m.; 3 WHEREAS, the Reply of the DVD CCA to RealNetworks's Opposition to the Motion to Dismiss

4 was previously due on Monday, August 31, 2009, but counsel for the DVD CCA and RealNetworks 5 have agreed to continue the due date to Friday, September 4, 2009; 6 WHEREAS this modification in time will not have affect any deadlines currently set by the

7 court, as stated in the accompanying Declaration of Reginald D. Steer; 8 NOW THEREFORE, the parties, by and through their counsel of record, hereby agree to

9 stipulate to the following dates, and request the Court enter this Stipulation as an Order of the Court: 10 1. The Hearing on the DVD CCA's Motion to Dismiss RealNetworks's Counterclaims shall

11 be moved to Monday, October 26, 2009, at 2:00 pm.; and 12 2. The Reply of the DVD CCA to RealNetworks's Opposition to the Motion to Dismiss

13 shall be due on Friday, September 4, 2009. 14 Dated: August 31, 2009 15 16 17 18 19 Dated: August 31, 2009 20 21 22 23 24 25 IT IS SO ORDERED 26 27 28 2 By By /s/ TRACY TOSH LANE Attorneys for Plaintiffs and Counterclaimants REALNETWORKS, INC. and REALNETWORKS HOME ENTERTAINMENT, INC. ISTRIC SD AKIN GUMP STRAUSS HAUER & FELD LLP WHITE & CASE LLP By /s/ REGINALD D. STEER Attorneys for Defendant and Counterclaimant DVD COPY CONTROL ASSOCIATION, INC.

WILSON SONSINI GOODRICH & ROSATI Professional Corporation

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UNITED STATES DISTRICT COURT JUDGE

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MARILYN HALL PATEL

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I, Reginald D. Steer, am the ECF User whose identification and password are being used to file the STIPULATION TO SET HEARING ON MOTION OF DEFENDANT DVD COPY CONTROL ASSOCIATION, INC. TO DISMISS COUNTERCLAIMS FOR OCTOBER 26, 2009 AND EXTEND DEADLINE FOR DVD CCA'S REPLY TO OPPOSITION OF REALNETWORKS TO MOTION TO DISMISS TO SEPTEMBER 4, 2009. In compliance with General Order 45.X.B., I hereby attest that Tracy Tosh Lane has concurred in this filing. Dated: August 31, 2009 AKIN GUMP STRAUSS HAUER & FELD LLP By /s/ REGINALD D. STEER Attorneys for Defendant and Counterclaimant DVD COPY CONTROL ASSOCIATION, INC.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE CASE NO. C08 04548 MHP; C08 CV 04719 MHP

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1 REGINALD D. STEER (SBN 056324) [e-mail] 2 MARIA ELLINIKOS (SBN 235528) [e-mail] 3 AKIN GUMP STRAUSS HAUER & FELD LLP 580 California Street, 15th Floor 4 San Francisco, California 94104-1036 Telephone: [phone] Facsimile: [phone] 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Reginald D. Steer, declare as follows: 1. v. DVD COPY CONTROL ASSOCIATION, INC., a Delaware nonprofit corporation, et al. Defendants. STEPHEN MICK (SBN 131569) [e-mail] MICHAEL SMALL (SBN 222768) [e-mail] AKIN GUMP STRAUSS HAUER & FELD LLP 2029 Century Park East, Suite 2400 Los Angeles, California 90067-3012 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant DVD COPY CONTROL ASSOCIATION, INC.

WILLIAM SLOAN COATS (SBN 94864) [e-mail] MARK WEINSTEIN (SBN 193043) [e-mail] MARK F. LAMBERT (SBN 197410) [e-mail] WHITE & CASE LLP 3000 El Camino Real 5 Palo Alto Square, 9th Floor Palo Alto, California 94306 Telephone: [phone] Facsimile: [phone]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA REALNETWORKS, INC., a Washington Corporation; and REALNETWORKS HOME ENTERTAINMENT, INC., a Delaware corporation, Plaintiffs, Case No. C08 04548 MHP Related Case No. C08 CV 04719 MHP DECLARATION OF REGINALD D. STEER IN SUPPORT OF STIPULATION AND [PROPOSED] ORDER TO SET HEARING ON MOTION OF DEFENDANT DVD COPY CONTROL ASSOCIATION, INC. TO DISMISS COUNTERCLAIMS FOR OCTOBER 26, 2009 AND EXTEND DEADLINE FOR DVD CCA'S REPLY TO OPPOSITION OF REALNETWORKS TO MOTION TO DISMISS TO SEPTEMBER 4, 2009

AND RELATED CASES

I am a member in good standing of the California State Bar and a partner in the law firm

Akin Gump Strauss Hauer & Feld LLP, counsel of record for Defendant and Counterclaimant DVD 1
STEER DECLARATION IN SUPPORT OF MOTION TO CONTINUE HEARING DATE CASE NO. C08 04548 MHP; C08 CV 04719 MHP

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Copy Control Association ( "DVD CCA"). I am admitted to practice in the United States District Court for the Northern District of California. I make this declaration based upon my personal knowledge and in support of the stipulation to extend the hearing date on DVD CCA's Motion to Dismiss to October 26, 2009, and to extend the deadline for DVD CCA's Reply to RealNetworks's Opposition to DVD CCA's Motion to Dismiss to September 4, 2009. If called to testify as to the contents of this declaration, I could and would competently do so. 2. The parties seek to continue the hearing date to October 26, 2009 to ensure that all

parties will have adequate time to prepare for the hearing. This stipulation to enlarge time will not affect other deadlines for this case in any way. The filing of DVD CCA's reply on September 4, 2009, seven weeks prior to the proposed hearing date of October 26, 2009, will provide ample time for review and preparation in advance of the October 26, 2009 hearing. 3. Previous time modifications in this case include an extension of the Studio Defendants'

deadline to answer RealNetworks's complaint from October 21, 2008 to October 31, 2008; an extension of time for RealNetworks to answer the Studio Defendants' counterclaims from October 23, 2008 to October 31, 2008; an extension of time for RealNetworks to answer DVD CCA's counterclaims from March 30, 2009, to May 13, 2009; an extension of time for and DVD CCA's response to RealNetworks's counterclaims in reply to July 14, 2009; an extension of time for the Studio Defendants to respond to RealNetworks's motion for leave to file a second amended complaint to June 29, 2009; and an extension of the DVD CCA and Studio Defendants' deadline to file their applications and sanctions for monetary sanctions for spoliation of evidence to July 13, 200 and an extension to July 13, 2009 for RealNetworks' response to these applications. 4. I declare under the laws of California and the United States of America that the

foregoing is true and correct and that this declaration was executed at San Francisco, California, this 31st day of August, 2009. /s/ Reginald D. Steer _

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STEER DECLARATION IN SUPPORT OF MOTION TO CONTINUE HEARING DATE CASE NO. C08 04548 MHP; C08 CV 04719 MHP