craigslist, Inc. v. GraphOn Corporation

Filing 29

ORDER Signed by Magistrate Judge Elizabeth D. Laporte Granting re 77 Motion for Leave to File Excess Pages. (edllc1, COURT STAFF) (Filed on 9/3/2010)

craigslist, Inc. v. GraphOn Corporation

Doc. 29

Case3:10-cv-00604-EDL Document78

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Kevin B. Collins (admitted pro hac vice) Jeffrey M. Davidson (SBN 248620) Winslow B. Taub (SBN 233456) COVINGTON & BURLING LLP One Front Street, 35th Floor San Francisco California 94111-5356 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff and Counterdefendant MYSPACE, INC., and Third-Party Defendant and Counterclaimant FOX AUDIENCE NETWORK, INC.

Michael D. Rounds (SBN 133972) Melissa P. Barnard (admitted pro hac vice) Adam K. Yowell (admitted pro hac vice) WATSON ROUNDS One Market-Steuart Tower Suite 1600 San Francisco, CA 94105 Telephone: [phone] Fax: [phone] Email: [e-mail] [e-mail] [e-mail] Attorneys for Defendant and Counter-claimant GRAPHON CORPORATION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MYSPACE, INC., Plaintiff and Counterdefendant, vs. GRAPHON CORPORATION, Defendant and Counterclaimant.

Case No. C 10-00604 EDL Case No. C 10-01156 EDL Consolidated Actions STIPULATION RE FILING OF REPLY BRIEF IN EXCESS OF PAGE LIMIT AND [PROPOSED] ORDER (Filed in connection with MySpace/FAN's Motion for Summary Judgment of Invalidity of U.S. Patent Nos. 6,324,538; 6,850,940; 7,028,034; and 7,269,591) DATE: Thursday, September 30, 2010 TIME: 9:30 a.m. COURTROOM: Courtroom E, 15th Floor JUDGE: Honorable Elizabeth D. Laporte

STIPULATION RE FILING OF REPLY BRIEF IN EXCESS OF PAGE LIMIT AND [PROPOSED] ORDER; Case Nos. C 10-00604 & C 10-01156

Dockets.Justia.com

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IT IS HEREBY STIPULATED by and between Plaintiff and Counterdefendant MySpace, Inc., and Third-Party Defendant and Counterclaimant Fox Audience Network, Inc. (collective, "MySpace"), and Defendant and Counterclaimant GraphOn Corporation ("GraphOn"), by and through their counsel of record, as follows: WHEREAS, on May 26, 2010, MySpace filed a Motion for Summary Judgment of Invalidity regarding U.S. Patent Nos. 6,324,538; 6,850,940; 7,028,034; and 7,269,591; WHEREAS, on August 3, 2010, GraphOn filed its Opposition to MySpace's Motion for Summary Judgment; WHEREAS, MySpace's Reply in support of its Motion for Summary Judgment is due on September 3, 2010; WHEREAS, Civil Local Rule 7-4(b) provides that unless the Court expressly orders otherwise pursuant to a party's request made prior to the due date, a reply brief or memorandum may not exceed 15 pages of text; WHEREAS, pursuant to Civil Local Rule 7-11, a party may file an administrative motion to exceed otherwise applicable page limitations; WHEREAS, the parties have met and conferred, and GraphOn does not oppose MySpace's request for a total of 22 pages of text for its Reply Brief, exclusive of the caption page, table of contents, table of authorities, declaration, and exhibits, in order to fully address GraphOn's Opposition to MySpace's potentially case-dispositive Motion for Summary Judgment. THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to the Court's approval, that MySpace shall have a total of 22 pages of text for its Reply Brief in support of its Motion for Summary Judgment, exclusive of the caption page, table of contents, table of authorities, declaration, and exhibits.

STIPULATION RE FILING OF REPLY BRIEF IN EXCESS OF PAGE LIMIT AND [PROPOSED] ORDER; Case Nos. C 10-00604 & C 10-01156

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DATED: September 2, 2010

Respectfully submitted, COVINGTON & BURLING LLP By: /s/ Kevin B. Collins1 Kevin B. Collins ATTORNEYS FOR MYSPACE, INC., AND FOX AUDIENCE NETWORK, INC.

DATED: September 2, 2010

WATSON ROUNDS By: /s/ Michael D. Rounds Michael D. Rounds ATTORNEYS FOR GRAPHON CORPORATION

[PROPOSED] ORDER The Court has considered the above Stipulation and MySpace's accompanying Notice Of Motion and Administrative Motion for Leave to File MySpace, Inc.'s and Fox Audience Network, Inc.'s Reply Brief in Excess of Page Limit. Good cause appearing therefor, IT IS SO ORDERED.

Sept. 2, 2010 DATED:________________

_________________________________________ The Honorable Elizabeth D. Laporte UNITED STATES MAGISTRATE JUDGE

In compliance with General Order 45.X.B, I hereby attest that concurrence in the filing of this document has been obtained from the other signatory hereto.

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STIPULATION RE FILING OF REPLY BRIEF IN EXCESS OF PAGE LIMIT AND [PROPOSED] ORDER; Case Nos. C 10-00604 & C 10-01156

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CERTIFICATE OF SERVICE The undersigned certifies that, on this date, she caused this document to be electronically filed with the Clerk of the Court using the CM/ECF system, which will send notification of filing to counsel of record for each party.

Dated: September 2, 2010

By: /s/ Ellen Chiulos Ellen Chiulos

STIPULATION RE FILING OF REPLY BRIEF IN EXCESS OF PAGE LIMIT AND [PROPOSED] ORDER; Case Nos. C 10-00604 & C 10-01156

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