AliphCom v. MyTalk, Inc.

Filing 35

STIPULATION AND ORDER Re: Extension of Factual Discovery Deadline re 34 . Signed by Magistrate Judge Elizabeth D. Laporte on 08/02/2011. (kns, COURT STAFF) (Filed on 8/3/2011)

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WEST & ASSOCIATES, A PC
STUART J. WEST (State Bar No. 202041)
2815 Mitchell Drive, Suite 209
Walnut Creek, CA 94598
Telephone: [phone]
Facsimile: 925.262.2205
Email: [e-mail]
Attorneys for Defendants/Cross-Defendants/Counter-Claimaints
MYTALK, Inc & MICHAEL HODGE

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ALIPHCOM,
Plaintiff/Counter-Defendant/
Cross-Complainant,

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v.

Case No. C10-04918 EDL
STIPULATION AND [PROPOSED]
ORDER RE: EXTENSION OF FACTUAL
DISCOVERY DEADLINE

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MYTALK, INC. dba MYTALK, a Delaware
Corporation, MICHAEL HODGE,
individually and doing business as MYTALK
SOCIAL NETWORKS, INC., and DOES 110,

Ctrm. E, 15th Floor
Judge:
Hon. Elizabeth D. Laporte
Complaint Filed:

October 29, 2010

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Defendants/CrossDefendants/Counter-Claimants.

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STIPULATION AND [PROPOSED] ORDER RE: EXTENSION OF FACTUAL DISCOVERY
DEADLINE
Case No. C10-04918 EDL

Pursuant to the Cour

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and through their counsel, hereby stipulate as follows:
WHEREFORE, on February 11, 2011, the Court issued a Case Management and Pretrial

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, the parties, by

Order

setting a deadline for completion of factual discovery by August 1, 2011;
WHEREFORE, the parties have each propounded several sets of Interrogatories and

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Requests for Production and the parties are continuing to respond and supplement responses to

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this written discovery;

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WHEREFORE, the parties have noticed the depositions of party and third party factual
witnesses
documents and other information is complete or nearly complete;
WHEREFORE, due to the above, the parties are unable complete the noticed depositions
by the deadline August 1, 2011;
WHEREFORE, the parties have met and conferred and agreed to complete the noticed
depositions during a two week period in August;
WHEREFORE, accordingly, the parties seek to extend, by one month, the factual

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discovery cut off until September 1, 2011 to allow for the currently-noticed depositions to be

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taken, as well as depositions of any newly-disclosed witnesses;

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THEREFORE, FOR GOOD CAUSE SHOWN, IT IS HEREBY STIPULATED by and
between the parties that the factual discovery deadline be rescheduled as follows:
(1)

The parties be allowed until September 1, 2011 to complete the following

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factual discovery: (a) depositions that were noticed before the original

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August 1, 2011 deadline; and (b) depositions of any other factual witnesses

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whose identities were not disclosed prior to July 18, 2011. The original

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August 1, 2011 deadline will apply to all other factual discovery, and the

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deadline to file motions to compel shall be extended to September 8, 2011.

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(2)

All other deadlines set forth in the Order shall remain the same.

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STIPULATION AND [PROPOSED] ORDER RE: EXTENSION OF FACTUAL DISCOVERY
DEADLINE
Case No. C10-04918 EDL

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DATED: August 1, 2011

KILPATRICK TOWNSEND & STOCKTON LLP

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By: /Holly Gaudreau/
TIMOTHY R. CAHN
HOLLY GAUDREAU
JENNIFER D. ARKOWITZ

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Attorneys for Plaintiff/Counter-Defendant/CrossComplainant
ALIPHCOM

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DATED: August 1, 2011

WEST & ASSOCIATES, A P.C.

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By: /Stuart J. West/
STUART J. WEST

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Attorneys for Defendants/Cross-Complainants/CounterDefendants MYTALK, INC. dba MYTALK,
MICHAEL HODGE, individually and doing business
as MYTALK SOCIAL NETWORKS, INC.

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PURSUANT TO STIPULATION, FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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August 2
DATED: July___, 2011

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________________________________________
Hon. Elizabeth D. Laporte
United States District Judge

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GENERAL ORDER ATTESTATION

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I, Stuart J. West, am the ECF user whose ID and password are being used to file this

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STIPULATION AND [PROPOSED] ORDER RE: EXTENSION OF FACTUAL DISCOVERY

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DEADLINE. In compliance with General Order 45, X.B., I hereby attest that Holly Gaudreau has

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concurred in this filing.

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/Stuart J. West/
Stuart J. West

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63624349 v1

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STIPULATION AND [PROPOSED] ORDER RE: EXTENSION OF FACTUAL DISCOVERY
DEADLINE
Case No. C10-04918 EDL

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PROOF OF SERVICE
[C.C.P. §§ 1011 and 1013, C.R.C. § 2008, F.R.C.P. Rule 5, F.R.A.P. 25]

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I declare that I am employed in the City of Walnut Creek and County of Contra Costa,
California; I am over the age of 18 years and not a party to the within action; my business address is
2815 Mitchell Drive, Suite 209, Walnut Creek, CA 94598. On the date set forth below, I served a
true and accurate copy of the document(s) entitled:
STIPULATION AND [PROPOSED] ORDER RE: EXTENSION OF FACTUAL
DISCOVERY DEADLINE
on the party(ies) in this action by placing said copy(ies) in a sealed envelope each addressed as
follows:

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KILPATRICK TOWNSEND & STOCKTON LLP
Timothy Cahn & Holly Gaudreau
Two Embarcadero Center Eighth Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorney for Plaintiffs
[By First Class Mail] I am readily familiar with my employer's practice for
collecting and processing documents for mailing with the United States Postal Service. On the date
listed herein, following ordinary business practice, I served the within document(s) at my place of
business, by placing a true copy thereof, enclosed in a sealed envelope, with postage thereon fully
prepaid, for collection and mailing with the United States Postal Service where it would be
deposited with the United States Postal Service that same day in the ordinary course of business.
[By Overnight Courier] I caused each envelope to be delivered by a commercial
carrier service for overnight delivery to the offices of the addressee(s).
[By Hand] I directed each envelope to the party(ies) so designated on the service list
to be delivered by courier this date.
[By Facsimile Transmission] I caused said document to be sent by facsimile
transmission to the fax number indicated for the party(ies) listed above.
[By Electronic Transmission] I caused said document to be sent by electronic
transmission to the e-mail address(es) indicated for the party(ies) listed above.
I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed this date at San Francisco, California.
Dated: August 1, 2011

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/Stuart J. West/
Stuart J. West

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63624349 v1
STIPULATION AND [PROPOSED] ORDER RE: EXTENSION OF FACTUAL DISCOVERY
DEADLINE
Case No. C10-04918 EDL

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