Fraserside Holdings, Ltd. v. Metainterfaces, LLC

Filing 20

STIPULATION AND ORDER. Signed by Magistrate Judge Bernard Zimmerman on 10/7/2010. (bzsec, COURT STAFF) (Filed on 10/7/2010)

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Fraserside Holdings, Ltd. v. Metainterfaces, LLC Doc. 20 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 CLARA J. SHIN (No. 214809) cshin@howardrice.com SHAUDY DANAYE-ELMI (No. 242083) sdanaye-elmi@howardrice.com HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California 94111-4024 Telephone: 415/434-1600 Facsimile: 415/677-6262 Attorneys for Defendant META INTERFACES, LLC TIMOTHY P. DILLON (No. 190839) tdillon@dillongerardi.com DILLON & GERARDI APC 4660 La Jolla Village Drive #1040 San Diego, CA 92122 Telephone: (858) 587-1800 Facsimile: (858) 587-2587 SPENCER D. FREEMAN sfreeman@freemanlawfirm.org FREEMAN LAW FIRM, INC. 2104 N. 30th Street Tacoma, WA 98403 Telephone: (253) 336-6256 Attorneys for Plaintiff FRASERSIDE HOLDINGS, LTD. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION FRASERSIDE HOLDINGS, LTD, a foreign limited liability company, Plaintiff, v. META INTERFACES, LLC, a limited liability company, Defendant. No. CV 10-3585 BZ Action Filed: August 13, 2010 PLAINTIFF'S CONSENT TO MAGISTRATE JUDGE'S JURISDICTION AND STIPULATED REQUEST FOR ORDER CHANGING TIME FOR PLAINTIFF TO RESPOND TO DEFENDANT'S MOTION TO DISMISS, AND FOR ORDER CHANGING TIME OF HEARING ON DEFENDANT'S MOTION TO DISMSS (Civil L.R. 6-2, 73.1) Date: Time: Place: Judge: Trial Date: October 27, 2010 10:00 a.m. Courtroom G Hon. Bernard Zimmerman None set PLAINTIFF'S CONSENT & STIP. REQUEST FOR ORDER CHANGING TIME CV 10-3585 BZ 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 17, 2010. (b) CONSENT AND STIPULATION Pursuant to Civil Local Rule 73.1, Plaintiff Fraserside Holdings, LTD ("Fraserside") hereby voluntarily consents to have Magistrate Judge Bernard Zimmerman conduct any and all further proceedings in the case, including trial, and ordering the entry of a final judgment. Further, pursuant to Civil Local Rule 6-2, IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that, if the Court approves, the current deadlines and hearing date in the above-captioned case be extended as set forth below. stipulation is based on the following: 1. WHEREAS Plaintiff Fraserside filed its Complaint in the above-captioned matter on The August 13, 2010 ("Complaint"); 2. WHEREAS Defendant Meta Interfaces, LLC ("Meta"), having received a stipulated extension of time to respond to the Complaint, timely filed its Motion to Dismiss the Complaint on September 17, 2010 ("Motion to Dismiss"); 3. WHEREAS, the hearing on the Motion to Dismiss is presently scheduled for October 27, 2010 (a specially set calendar date), with opposition and reply papers due on October 6, 2010 and October 13, 2010, respectively; 4. WHEREAS, lead counsel for Fraserside has been primarily responsible for a trial in another matter, and, on October 5, 2010, requested a one week extension to prepare Fraserside's opposition papers; 5. The parties therefore STIPULATE AND AGREE to request that the Court change the time for hearing and briefing on Defendant's Motion to Dismiss as follows: (a) The hearing date on Meta's Motion to Dismiss shall be continued to November Fraserside shall file and serve any opposition to the Motion to Dismiss not later than October 13, 2010. (c) Meta shall file and serve any reply not later than November 3, 2010. PLAINTIFF'S CONSENT & STIP. REQUEST FOR ORDER CHANGING TIME CV 10-3585 BZ -1- 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 6. The requested time modification shall have no effect on the remainder of the schedule for the case. The parties respectfully request that the Court grant their request. In accordance with N.D. Cal. General Order No. 45, Section X, the filer of this document hereby attests that the concurrence to the filing of this document has been obtained from the other signatory hereto. DATED: October 6, 2010. Respectfully, CLARA J. SHIN SHAUDY DANAYE-ELMI HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN A Professional Corporation By: /s/ Shaudy Danaye-Elmi SHAUDY DANAYE-ELMI Attorneys for Defendant META INTERFACES, LLC DATED: October 6, 2010. Respectfully, TIMOTHY P. DILLON DILLON & GERARDI APC SPENCER D. FREEMAN FREEMAN LAW FIRM, INC. By: /s/ Spencer Freeman SPENCER D. FREEMAN Attorneys for Plaintiff FRASERSIDE HOLDINGS, LTD. PLAINTIFF'S CONSENT & STIP. REQUEST FOR ORDER CHANGING TIME CV 10-3585 BZ -2- 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 DATED: October __, 2010. ORDER PURSUANT TO STIPULATION, THE FOREGOING IS APPROVED AND IT IS SO ORDERED. HON. BERNARD ZIMMERMAN UNITED STATES DISTRICT COURT PLAINTIFF'S CONSENT & STIP. REQUEST FOR ORDER CHANGING TIME CV 10-3585 BZ -3-

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