Quigley et al v. Guvera IP Pty Ltd. et al

Filing 23

ORDER to continue CMC and related deadlines re 22 Stipulation filed by Guvera USA Inc., Guvera IP Pty Ltd. Initial Case Management Conference set for 1/21/2011 08:30 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 11/16/2011. (be, COURT STAFF) (Filed on 11/17/2010)

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Quigley et al v. Guvera IP Pty Ltd. et al Doc. 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 IAN K. BOYD (SBN 191434) iboyd@harveysiskind.com NAOMI JANE GRAY (SBN 230171) ngray@harveysiskind.com HARVEY SISKIND LLP Four Embarcadero Center, 39th Floor San Francisco, CA 94111 Telephone: (415) 354-0100 Facsimile: (415) 391-7124 Attorneys for Plaintiffs TIM QUIGLEY and QAZ MEDIA LLC MANATT, PHELPS & PHILLIPS, LLP KEVIN P. DWIGHT (Bar No. CA 239476) E-mail: kdwight@manatt.com One Embarcadero Center, 30th Floor San Francisco, CA 94111 Telephone: (415) 291-7400 Facsimile: (415) 291-7474 MANATT, PHELPS & PHILLIPS, LLP THOMAS C. MORRISON (Admitted Pro Hac Vice) E-mail: tmorrison@manatt.com 7 Times Square New York, NY 10036 Telephone: (212) 790-4500 Facsimile: (212) 790-4545 Attorneys for Defendants GUVERA IP PTY LTD., and GUVERA USA INC. UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT 20 21 22 23 24 25 26 27 28 MANATT, PHELPS & PHILLIPS, LLP ATTO RNEY S AT LAW SA N FRA N C I S C O TIM QUIGLEY, an individual, and QAZ MEDIA, LLC, a Washington corporation, Plaintiffs, vs. GUVERA IP PTY LTD., an Australian proprietary limited company, and GUVERA USA INC., a Delaware company, Defendants. No. 3:10-cv-03569-CRB STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES Complaint Filed: August 13, 2010 STIPULATION AND ORDER TO CONTINUE CMC Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MANATT, PHELPS & PHILLIPS, LLP ATTO RNEY S AT LAW SA N FRA N C I S C O This Stipulation and [Proposed] Order to Continue Case Management Conference and Related Deadlines is entered into by and between Plaintiffs TIM QUIGLEY and QAZ MEDIA, LLC (collectively, "Plaintiffs"), on the one hand, and Defendants GUVERA IP PTY LTD. and GUVERA USA INC. (collectively, "Defendants"), on the other hand, by and through their respective counsel of record. By entering into this Stipulation, Defendants are not making a general appearance in this action and, if anything, make a special appearance only. Plaintiffs and Defendants are collectively referred to herein as the "Parties." RECITALS A. WHEREAS, the Court has scheduled a Case Management Conference in this action for December 3, 2010 at 8:30 a.m.; B. WHEREAS, prior to the Case Management Conference currently scheduled for December 3, 2010, the Parties are required under applicable Federal and Local Rules to exchange initial disclosures, file ADR certifications, file a Case Management Statement, and comply with other guidelines; C. WHEREAS, Defendants have filed a Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6); or in the Alternative, a Motion to Transfer Case pursuant to 28 U.S.C. Section 1404(a), which is set for hearing on December 17, 2010 at 10:00 a.m.; D. WHEREAS, Plaintiffs have filed a Motion for Preliminary Injunction, which is also set for hearing on December 17, 2010 at 10:00 a.m.; and E. WHEREAS, in the interest of judicial economy, and so that the Parties may address the issues presented by the above-referenced motions, including whether personal jurisdiction may be exercised over the Defendants in California and/or whether the Northern District of California is the proper venue for this action, the Parties have agreed to seek a brief continuance of the Case Management Conference and all related deadlines, subject to the Court's calendar and availability. NOW, WHEREFORE, the Parties agree as follows: /// 1 STIPULATION AND ORDER TO CONTINUE CMC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Dated: November 12, 2010 Dated: November 12, 2010 1. STIPULATION The Case Management Conference in this action shall be continued from 2011 December 3, 2010 at 8:30 a.m., to January 21, 2010 at 8:30 a.m., subject to the Court's calendar and availability. 2. All deadlines triggered by the Case Management Conference, including, but not limited to, the deadline to exchange initial disclosures pursuant to Federal Rule of Civil Procedure 26 and the deadline to file a Case Management Statement, shall be triggered from the new date of the Case Management Conference. IT IS SO STIPULATED. HARVEY SISKIND LLP By: /s/ Naomi Jane Gray Naomi Jane Gray Attorneys for Plaintiffs TIM QUIGLEY AND QAZ MEDIA LLC MANATT, PHELPS & PHILLIPS, LLP By: /s/ Kevin P. Dwight Kevin P. Dwight Attorneys for Defendants GUVERA IP PTY LTD., AND GUVERA USA INC. PURSUANT TO STIPULATION, IT IS SO ORDERED. 23 24 ISTRIC ES D TC AT T November 16 DATED: _________________, 2010 25 26 27 28 MANATT, PHELPS & PHILLIPS, LLP ATTO RNEY S AT LAW SA N FRA N C I S C O RT U O UNIT ED S 2 ER C N F STIPULATION AND ORDER TO D IS T IC T O R CONTINUE CMC A LI Breye Honorable Charlesles R.Breyer har R. Judge C United States District Judge r FO R NIA IT IS S O ORD ERED NO RT H

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