Universal City Studios Productions LLLP et al v. RealNetworks, Inc. et al

Filing 38

STIPULATION AND ORDER EXTENDING TIME FOR PLAINTIFFS AND COUNTERCLAIM DEFENDANTS REALNETWORKS, INC. AND REALNETWORKS HOME ENTERTAINMENT, INC. TO ANSWER THE COUNTERCLAIMS OF DEFENDANT AND COUNTERCLAIM PLAINTIFF DVD COPY CONTROL ASSOCIATION, INC. (ls, COURT STAFF) (Filed on 4/6/2009)

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JAMES A. DiBOISE, State Bar No. 83296 Email: [e-mail] LEO CUNNINGHAM, State Bar No. 121605 Email: [e-mail] COLLEEN BAL, State Bar No. 167637 Email: [e-mail] MICHAEL A. BERTA, State Bar No. 194650 Email: [e-mail] TRACY TOSH LANE, State Bar No. 184666 Email: [e-mail] WILSON SONSINI GOODRICH & ROSATI Professional Corporation One Market Street Spear Tower, Suite 3300 San Francisco, CA 94105 Attorneys for Plaintiffs and Counterclaim Defendants REALNETWORKS, INC. and REALNETWORKS HOME ENTERTAINMENT, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA REALNETWORKS, INC., a Washington Corporation; and REALNETWORKS HOME ENTERTAINMENT, INC., a Delaware corporation, Plaintiffs, v. DVD COPY CONTROL ASSOCIATION, INC., a Delaware nonprofit corporation, DISNEY ENTERPRISES, INC., a Delaware corporation; PARAMOUNT PICTURES CORP., a Delaware corporation; SONY PICTURES ENTER., INC., a Delaware corporation; TWENTIETH CENTURY FOX FILM CORP., a Delaware corporation; NBC UNIVERSAL, INC., a Delaware corporation; WARNER BROS. ENTER. INC., a Delaware corporation; and VIACOM, Inc., a Delaware Corporation, Defendants. Case Nos. C08 04548 MHP; C08 04719 MHP STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR PLAINTIFFS AND COUNTERCLAIM DEFENDANTS REALNETWORKS, INC. AND REALNETWORKS HOME ENTERTAINMENT, INC. TO ANSWER THE COUNTERCLAIMS OF DEFENDANT AND COUNTERCLAIM PLAINTIFF DVD COPY CONTROL ASSOCIATION, INC.

AND RELATED CASES

STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO ANSWER DVD CCA'S COUNTERCLAIMS Case Nos. C08 04548 MHP & C08 04719 MHP

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WHEREAS, Plaintiffs RealNetworks, Inc. and RealNetworks Home Entertainment, Inc. (collectively "Plaintiffs") commenced this action on September 30, 2008 seeking a Declaratory Judgment that their DVD products do not violate the DMCA or constitute a breach of contract; WHEREAS, Defendants DVD Copy Control Association ("DVD CCA") filed an answer on October 21, 2008. WHEREAS, the DVD CCA filed an amended answer and counterclaims for breach of contract and breach of the implied covenant of good faith and fair dealing on November 10, 2008. WHEREAS, this Court deemed Plaintiffs' Amended Complaint for Declaratory Relief filed on December 22, 2008. WHEREAS, the DVD CCA filed its Answer of DVD Copy Control Association, Inc. to Amended Complaint for Declaratory Relief; Counterclaims on January 12, 2009. WHEREAS, Plaintiffs filed their Motion to Dismiss DVD Copy Control Association, Inc.'s Second Counterclaim on January 16, 2009. WHEREAS, Plaintiffs withdrew their Motion to Dismiss DVD Copy Control Association, Inc.'s Second Counterclaim on March 20, 2009. WHEREAS, Plaintiffs' answer to the DVD CCA's January 12, 2009 counterclaims was due on or before March 30, 2009. WHEREAS, previous time modifications in this case include an extension of the Studio Defendants' deadline to answer Plaintiffs' complaint from October 21, 2008 to October 31, 2008, as well as an extension of time for Plaintiffs to answer the Studio Defendants' counterclaims from October 23, 2008 to October 31, 2008. Further, the hearing of the pending preliminary injunction motions was originally scheduled to begin on January 27, 2009, and was subsequently moved to begin on March 3, 2009, then April 1, 2009, and is now scheduled to begin on April 24, 2009.

STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO ANSWER DVD CCA'S COUNTERCLAIMS Case Nos. C08 04548 MHP & C08 04719 MHP

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NOW THEREFORE, the parties, by and through their counsel of record, hereby agree and stipulate to extend the period of time in which Plaintiffs may answer the DVD CCA's counterclaims from March 30, 2009 to and including May 13, 2009. The extension of time will not affect the schedule of this case.

1. May 13, 2009.

The Plaintiffs answer to the DVD CCA's counterclaims shall be due on or before

Dated: March 31, 2009 10 11

WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: /s/

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Michael A. Berta Attorneys for Plaintiffs REALNETWORKS, INC. and REALNETWORKS HOME ENTERTAINMENT, INC.

AKIN GUMP STRAUSS HAUER & FELD LLP

Reginald Steer Attorneys for Defendant DVD COPY CONTROL ASSOCIATION

PURSUANT TO STIPULATION, IT IS SO ORDERD, 24 UNITED STATES DISTRICT COURT JUDGE 25 26 27 28
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO ANSWER DVD CCA'S COUNTERCLAIMS Case Nos. C08 04548 MHP & C08 04719 MHP

Date: April 7, 2009

By: Marilyn Hall Patel

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