Alibaba.com Hong Kong Limited et al v. P.S. Products Inc et al

Filing 39

ORDER ENTERING STIPULATION re 38 Stipulation filed by P.S. Products Inc, Billy Pennington. Signed by Judge Alsup on March 15, 2011. (whalc1, COURT STAFF) (Filed on 3/15/2011)

Alibaba.com Hong Kong Limited et al v. P.S. Products Inc et al

Doc. 39

Case3:10-cv-04457-WHA Document38

Filed03/15/11 Page1 of 4

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

CHRIS H. STEWART (Ark. Bar No. 03-222) [e-mail] Admission Pro Hac Vice Stewart Law Firm 904 Garland Street Little Rock, AR 72201 Telephone: [phone] Facsimile: [phone] DAVID R. OWENS, State Bar No. 180829 [e-mail] BRUNO W. TARABICHI, State Bar No. 215129 [e-mail] OWENS TARABICHI LLP 111. N. Market St., Suite 730 San Jose, California 95113 Telephone: [phone] Facsimile: 408.521.2203 Attorneys for Defendants P.S. Products, Inc. and Billy Pennington

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANSICO DIVISION ALIBABA.COM HONG KONG LIMITED,a Hong Kong Corporation and ALIABABA.COM, INC., a Delaware corporation Plaintiffs, v. P.S. PRODUCTS, INC., an Arkansas corporation, and BILLY PENNINGTON, an individual, Defendants. PARTIES STIPULATION AND [PROPOSED] ORDER ON DEFENDANT'S MOTION TO DISMISS CASE NO. CV-10-04457 WHA

26 27

WHEREAS, Plaintiffs Alibaba.com Hong Kong Limited and Alibaba, Inc., (collectively
28

"Alibaba") filed this declaratory judgment action on October 1, 2010;

Dockets.Justia.com

Case3:10-cv-04457-WHA Document38

Filed03/15/11 Page2 of 4

1 2

WHEREAS, the Defendants P.S. Products, Inc. and Billy Pennington (collectively, "Defendants") filed their Motion to Dismiss on October 27, 2010;

3

WHEREAS, Plaintiffs filed an Amended Complaint on December 22, 2010;
4

WHEREAS, the Defendants filed their second Motion to Dismiss on January 26, 2011;
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

WHEREAS, a Case Management Conference was held on February 3, 2011 whereby the Court stayed the current case pending the outcome of a decision by the United States District Court for the Eastern District of Arkansas (Case No. 10-cv-1149 JMM)(Dkt. No. 35); WHEREAS, on March 10, 2011 the United States District Court for the Eastern District of Arkansas (Case No. 10-cv-1149 JMM) issued an Order dismissing the sole remaining Defendant for lack of personal jurisdiction (Dkt. No. 36); WHEREAS, on March 15, 2011 this Court issued an Order lifting the stay in this action and directed to the Defendants to withdraw their pending Motion to Dismiss or re-notice the motion (Dkt. No. 37); WHEREAS, the Defendants elect to withdraw their Motion to Dismiss (Dkt. No. 30); WHEREAS, the parties have conferred and agreed that the Defendants' deadline to file its responsive pleadings to the Plaintiff's First Amended Complaint shall be April 22, 2011; NOW THEREFORE, IT IS STIPULATED BY THE UNDERSIGNED PARTIES that: 1. 2. Defendants' Second Motion to Dismiss is hereby withdrawn by the Defendants; Defendants' deadline to file it responsive pleadings to the Plaintiff's First Amended Complaint shall be April 22, 2011.

22

SO STIPULATED.
23 24 25 26 27 28

Case3:10-cv-04457-WHA Document38

Filed03/15/11 Page3 of 4

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: March 15, 2011

FENWICK & WEST LLP By: /s/ Ryan J. Marton Ryan J. Marton Attorneys for Plaintiff Vendio Services, Inc.

Dated: March 15, 2011

STEWART LAW FIRM By: /s/ Chris H. Stewart Chris H. Stewart Attorneys for Defendants P.S. Products, Inc. and Billy Pennington

Case3:10-cv-04457-WHA Document38

Filed03/15/11 Page4 of 4

1 2

ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Chris H. Stewart, attest that concurrence in the filing of this document has been

3

obtained from any signatories indicated by a "conformed" signature (/s/) within this e-filed
4

document.
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 15th day of March 2011, at Little Rock, Arkansas. STEWART LAW FIRM By: /s/ Chris H. Stewart Chris H. Stewart Attorneys for Defendants P.S. Products, Inc. and Billy Pennington

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: March ___, 2011 15
26 27 28

By: Honorable William H. Alsup