Xoom Corporation v. Motorola Trademark Holdings, LLC et al

Filing 24

STIPULATION re 21 Order, 23 Order, Set Hearings,, -- FOURTH Consented Motion for Extension of Service Deadline, Case Management Conference Date, and Related Deadlines and [PROPOSED] Order -- by Xoom Corporation. (Attachments: # 1 Proposed Order, # 2 Certificate/Proof of Service)(Alpert, Rochelle) (Filed on 9/1/2011)

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ROCHELLE D. ALPERT, State Bar No. 065037
LEIGHA E. WEINBERG, 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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FOURTH CONSENTED MOTION FOR AN
EXTENSION OF SERVICE DEADLINE,
CASE MANAGEMENT CONFERENCE
DATE, AND RELATED DEADLINES AND
[PROPOSED] ORDER

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 had 120 days, or

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until June 23, 2011, to serve the summons and complaint. The parties have filed several

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consented motions to move out the service deadline and the deadline for the Case Management

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Conference, all of which have been granted by the Court. Most recently, on August 3, 2011, the

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Court granted the parties’ Third Consented Motion for an Extension of Service Deadline, which

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extended the service deadline for September 5, 2011. On August 5, 2011, the Court granted the

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parties’ Consented Motion for an Extension of Case Management Conference and Related

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Deadlines, which continued the Case Management Conference until September 16, 2011.

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

CASE NO.: 11-CV-00848 (CRB)
FOURTH CONSENTED MOTION FOR EXTENSION OF SERVICE
DEADLINE AND RELATED DEADLINES

SAN FRANCISCO

DB2/ 22646346.1

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The parties hereby request another extension of the service deadline, the Case
Management Conference date, and all related deadlines. The parties request an extension of the
service deadline to October 31, 2011, a continuance of the Case Management Conference until
November 11, 2011, and a related extension of all dates calculated from the Case Management
Conference date.
The parties continue to discuss the dispute. Counsel for Xoom and counsel for
Defendants, Kristin J. Achterhof of Katten Muchin Rosenman LLP, have mutually agreed to file
this motion to extend the service deadline, Case Management Conference date and all related
dates. See FRCP 6(b)(1)(A) (“When an act may or must be done within a specified time, the
court may, for good cause, extend the time: (A) with or without motion or notice if the court acts,
or if a request is made, before the original time or its extension expires.”); Henderson v. U.S., 517
U.S. 654 (1996) (120 day period for service provided by FRCP 4(m) is extendable). This request
has been served by email on Defendants’ counsel.
Given that the parties are in discussions to resolve this matter and that both parties agree
to the extension, there is good cause for the Court to extend the service deadline to October 31,
2011, to continue the Case Management Conference until November 11, 2011, and to extend all
dates calculated from the Case Management Conference date accordingly. Thus, the parties
respectfully request that the dates be extended.

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Dated: September 1, 2011

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

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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

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SAN FRANCISCO

DB2/ 22646346.1

CASE NO.: 11-CV-00848 (CRB)
FOURTH CONSENTED MOTION FOR EXTENSION OF SERVICE
DEADLINE AND RELATED DEADLINES