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

Filing 54

ORDER CONTINUING MEDIATION DEADLINE re 53 Stipulation filed by Alibaba.com Inc, Alibaba.com Hong Kong Limited. Signed by Judge Alsup on July 28, 2011. (whalc1, COURT STAFF) (Filed on 7/28/2011)

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DARRYL M. WOO (CSB NO. 100513)
[e-mail]
RYAN J. MARTON (CSB NO. 223979)
[e-mail]
LESLIE A. KRAMER (CSB NO. 253313)
[e-mail]
FENWICK &WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs Alibaba.com Hong Kong
Limited and Alibaba.com, Inc.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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A TTORNEYS A T L AW
S AN F RANCISCO

F ENWICK & W EST LLP

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SAN FRANCISCO DIVISION
ALIBABA.COM HONG KONG LIMITED, a
Hong Kong corporation, and ALIBABA.COM,
INC., a Delaware corporation,
v.

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Plaintiffs,

Case No. 3:10-cv-04457 WHA
JOINT STIPULATION AND
[PROPOSED] ORDER REQUESTING
TO CONTINUE MEDIATION
DEADLINE

P.S. PRODUCTS, INC., an Arkansas
corporation, and BILLY PENNINGTON, an
individual,
Defendants.
WHEREAS, Plaintiffs Alibaba.com Hong Kong Limited and Alibaba.com, Inc.

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(collectively, “Plaintiffs”) filed this declaratory judgment action on October 1, 2010 against

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Defendants P.S. Products, Inc. and Billy Pennington (collectively, “Defendants”);
WHEREAS, on October 25, 2010 this matter was assigned to the Honorable William H.

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Alsup;

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WHEREAS, Defendants filed a Motion to Dismiss on October 27, 2010;

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WHEREAS, Plaintiffs filed a First Amended Complaint on December 22, 2010;

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WHEREAS, Defendants filed their second Motion to Dismiss on January 26, 2011;

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WHEREAS, a Case Management Conference was held on February 3, 2011 whereby the

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Court stayed this case pending the outcome of a decision by the United States District Court for

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the Eastern District of Arkansas (Case No. 10-cv-1149 JMM) (Dkt. No. 35);
STIPULATION TO CONTINUE MEDIATION DEADLINE

CASE NO. 3:10-CV-04457 WHA

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WHEREAS, on March 10, 2011 the United States District Court for the Eastern District of

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Arkansas (Case No. 10-cv-1149 JMM) issued an Order dismissing the sole remaining Defendant

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for lack of personal jurisdiction (Dkt. No. 36);

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WHEREAS, on March 15, 2011 the Court issued an Order lifting the stay in this action

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and directed the Defendants to withdraw their pending Motion to Dismiss or re-notice the motion

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(Dkt. No. 37);

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A TTORNEYS A T L AW
S AN F RANCISCO

F ENWICK & W EST LLP

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WHEREAS, per stipulation of the parties, Defendants filed their Answer to the First
Amended Complaint and Counterclaims on April 21, 2011;
WHEREAS, a Case Management Conference was held on May 5, 2011;
WHEREAS, the Court issued a Case Management Order and Reference to ADR Unit for
Mediation on May 6, 2011;
WHEREAS, the current deadline for the parties to conduct mediation is August 4, 2011
pursuant to Alternative Dispute Resolution Local Rule 6-4;
WHEREAS, the parties and the mediator, Mr. Ian N. Feinberg, have agreed to conduct the
said mediation on August 25, 2011;
WHEREAS, the parties seek an extension of the deadline to conduct mediation such that
the parties are not in violation of this Court’s Local Rules for Alternative Dispute Resolution;
NOW THEREFORE, SUBJECT TO THE COURT’S APPROVAL IT IS STIPULATED

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BY THE UNDERSIGNED PARTIES that the deadline to conduct mediation in this action is

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extended to August 25, 2011.

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SO STIPULATED.

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STIPULATION TO CONTINUE MEDIATION DEADLINE

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CASE NO. 3:10-CV-04457 WHA

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Dated: July 28, 2011

By: /s/ Ryan J. Marton
Ryan J. Marton

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Attorneys for Plaintiffs Alibaba.com Hong Kong
Limited and Alibaba.com, Inc.

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FENWICK & WEST LLP

Dated: July 28, 2011

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STEWART LAW FIRM
By: /s/ Chris H. Stewart
Chris H. Stewart

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Attorneys for Defendants P.S. Products, Inc. and
Billy Pennington

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A TTORNEYS A T L AW
S AN F RANCISCO

F ENWICK & W EST LLP

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STIPULATION TO CONTINUE MEDIATION DEADLINE

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CASE NO. 3:10-CV-04457 WHA

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ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Ryan J. Marton, attest that concurrence in the filing of this document has been obtained
from any signatories indicated by a “conformed” signature (/s/) within this e-filed document.

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I declare under penalty of perjury under the laws of the United States of America that the

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foregoing is true and correct. Executed this 28th day of July 2011, at San Francisco, California.

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FENWICK & WEST LLP

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By: /s/ Ryan J. Marton
Ryan J. Marton

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Attorneys for Plaintiffs Alibaba.com Hong Kong
Limited and Alibaba.com, Inc.

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A TTORNEYS A T L AW
S AN F RANCISCO

F ENWICK & W EST LLP

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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July 28
Dated: ____________, 2011

By:
Honorable William H. Alsup

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STIPULATION TO CONTINUE MEDIATION DEADLINE

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CASE NO. 3:10-CV-04457 WHA