Visto Corporation v. Research in Motion Limited

Filing 27

Visto Corporation v. Research in Motion Limited

Doc. 27

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KEKER & VAN NEST, LLP MICHAEL H. PAGE - #154913 ASHOK RAMANI - #200020 KHARI J. TILLERY - #215669 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Third-Party Google Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

VISTO CORPORATION, Plaintiff, v. RESEARCH IN MOTION LIMITED, et al., Defendant.

Misc. Civil Case No. CV-08-80031-MISC-JL Court of Original Jurisdiction U.S. Dist. Ct. E. Dist. Texas Marshall Division Case No. 2-06-CV-181-TJW STIPULATION TO CONTINUE HEARING ON MOTION TO QUASH, OR IN THE ALTERNATIVE, FOR A PROTECTIVE ORDER

RECITAL On February 1, 2008, Visto Corporation issued a subpoena to third party Google Inc. in the matter of Visto Corporation v. Research in Motion Limited, et al., Eastern District of Texas Case No. 2:06-CV-181 (TJW). On March 10, 2008, Google filed a motion to quash the subpoena, or in the alternative, for a protective order, which is now pending before this Court and scheduled for hearing on April 23, 2008. Visto and Google are currently working together to negotiate a compromise that, if successful, would resolve the subpoena and render Google's motion moot. 1

414682.01

STIPULATION TO CONTINUE HEARING ON MOTION TO QUASH, OR IN THE ALTERNATIVE, FOR A PROTECTIVE ORDER
Dockets.Justia.com

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Given these ongoing negotiations, Visto and Google agree that it would be prudent to continue the hearing from April 23 to May 7, 2008 to avoid any unnecessary briefing by the parties or work by the Court. STIPULATION For the foregoing reasons, the parties, through their undersigned counsel, stipulate and agree to continue the hearing date for Google's motion to quash from April 23 to May 7, 2008 at 9:30 a.m. The parties further stipulate that Google's reply brief, by operation of the Civil Local Rules, will come due April 23, 2008. IT IS SO STIPULATED. Dated: April 7, 2008 By: KEKER & VAN NEST, LLP /s/ Khari J. Tillery KHARI J. TILLERY Attorneys for Third Party Google Inc. SPIEGEL LIAO & KAGAY, LLP By: /s/ Charles M. Kagay CHARLES M. KAGAY Attorneys for Plaintiff Visto Corporation

Dated: April 7, 2008

PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: April__, 2008 The HONORABLE JAMES LARSON United States Magistrate Judge

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414682.01

STIPULATION TO CONTINUE HEARING ON MOTION TO QUASH, OR IN THE ALTERNATIVE, FOR A PROTECTIVE ORDER