Xoom Corporation v. Motorola Trademark Holdings, LLC et al

Filing 12

ORDER by Judge Charles R. Breyer granting 11 Ex Parte Application for an extension of CMC and related deadlines (beS, COURT STAFF) (Filed on 5/31/2011)

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ROCHELLE D. ALPERT, State Bar No. 065037
LEIGHA E. WILBUR, State Bar No. 251795
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1126
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiff
XOOM CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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XOOM CORPORATION, a California
Corporation,
Plaintiff,

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vs.

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Case No. 11-CV-00848 (CRB)

MOTOROLA TRADEMARK
HOLDINGS, LLC, a Delaware limited
liability company, MOTOROLA
MOBILITY, INC., a Delaware corporation,
and MOTOROLA MOBILITY
HOLDINGS, INC., a Delaware
corporation, and DOES 1 through 10
inclusive

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EX PARTE MOTION FOR AN
EXTENSION OF CASE MANAGEMENT
CONFERENCE DATE AND RELATED
DEADLINES AND [PROPOSED] ORDER
DATE: JUNE 3, 2011
TIME: 8:30 A.M.
COURTROOM: 8, 19TH FLOOR

Defendants.

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Plaintiff Xoom Corporation (“Xoom”) filed the Complaint in this action on February 23,

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2011. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, Xoom has 120 days, or

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until June 23, 2011, to serve the Complaint. Xoom has not yet served the Complaint on

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Defendants, as the parties are in discussions regarding the dispute. On April 26, 2011, the Court

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issued an Order setting the date for the case management conference on June 3, 2011. Although

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Defendants have not yet been served, various deadlines are triggered by the date for the Case

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Management Conference, including a May 27, 2011 deadline for filing a joint case management

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statement.

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M ORGAN , L EWIS &
B OCKIUS LLP

Given that Xoom has not yet served the Complaint and is in discussions with Defendants

ATTORNEYS AT LAW

EX PARTE MOTION FOR EXTENSION OF CASE MANAGEMENT
CONFERENCE DATE

SAN FRANCISCO

DB2/ 22464205.1

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about this matter, there is good cause for the Court to continue the Case Management Conference

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and to extend the various dates calculated from the Case Management Conference date.

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Accordingly, Xoom respectfully requests a continuance of the Case Management Conference

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until sometime after the June 23, 2011 deadline for Xoom to serve the Complaint.

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Dated: May 26, 2011

MORGAN, LEWIS & BOCKIUS LLP
ROCHELLE D. ALPERT
LEIGHA E. WILBUR

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By /s/Rochelle D. Alpert
Rochelle D. Alpert

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Attorneys for Plaintiff
XOOM CORPORATION

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

DB2/ 22464205.1

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EX PARTE MOTION FOR EXTENSION OF CASE MANAGEMENT
CONFERENCE DATE
CASE NO.: 11-CV-00848 (CRB)

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[PROPOSED] ORDER

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Having reviewed Xoom Corporation’s Ex Parte Motion for an Extension of Case

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Management Conference and Related Deadlines and finding good cause for the Motion,

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IT IS HEREBY ORDERED that the Case Management Conference is continued until

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_______________________, 8:30 a.m and the dates calculated based on the Case Management
______,
June 24, 2011

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Conference date shall be extended accordingly.

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IT IS SO ORDERED.
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Dated: May 27

, 2011

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HON. CHARLES R. BREYER
UNITED STATE DISTRICT JUDGE

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D IS T IC T O
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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

CASE NO.: 11-CV-00848 (CRB)
[PROPOSED] ORDER

SAN FRANCISCO

DB2/ 22464205.1