Groupion, LLC v. Groupon, Inc. et al

Filing 255

ORDER GRANTING 254 STIPULATION TO VACATE TRIAL DATE. Signed by Judge Jeffrey S. White on 12/3/12. (jjoS, COURT STAFF) (Filed on 12/3/2012)

Case3:11-cv-00870-JSW Document254 Filed11/30/12 Page1 of 4

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JEDEDIAH WAKEFIELD (CSB No. 178058)
[e-mail]
TODD R. GREGORIAN (CSB No. 236096)
[e-mail]
CLIFFORD C. WEBB (CSB No. 260885)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant and Counterclaimant
GROUPON, INC.

JACK RUSSO (CSB No. 96068)
[e-mail]
CHRISTOPHER SARGENT (CSB No. 246285)
[e-mail]
COMPUTERLAW GROUP LLC
401 Florence Street
Palo Alto, CA 94301
Telephone:
650.327.9800
Facsimile:
650.618.1863
Attorneys for Plaintiff and Counterclaim
Defendant GROUPION, LLC and Specially
Appearing for PETER-CHRISTOPH HAIDER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

SAN FRANCISCO

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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GROUPION, LLC, a California limited
liability company,
Plaintiff,

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Case No.: 3:11-cv-00870-JSW (MEJ)
JOINT STIPULATION AND
[PROPOSED] ORDER TO VACATE
TRIAL DATE

v.
GROUPON, INC., a Delaware corporation,
THE POINT, INC., a Delaware corporation,
and GOOGLE, INC., a Delaware corporation,
Defendants.

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GROUPON, INC., a Delaware corporation,
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Counterclaimant,
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v.
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GROUPION, LLC, a California limited
liability company, and PETER-CHRISTOPH
HAIDER, an individual

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Counterclaim Defendants.
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JOINT STIPULATION AND [PROPOSED]
ORDER

Case No.: 3:11-cv-00870-JSW (MEJ)

Case3:11-cv-00870-JSW Document254 Filed11/30/12 Page2 of 4

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WHEREAS, on August 20, 2012, this Court ordered that the parties appear at a settlement

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conference before one of the district’s Magistrate Judges (Dkt. 192), and said settlement conference

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took place on September 24, 2012 before Magistrate Judge Cousins;

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WHEREAS, the parties were subsequently able to reach an agreement in principle settling
all claims in the litigation;
WHEREAS, the parties have worked diligently to finalize settlement documentation and

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related documents, but do not expect to have that documentation completed before the December 4,

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2012 pretrial conference; and

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WHEREAS, the parties do not wish to expend resources on or burden the Court with further
trial preparation work in light of the impending settlement;
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the

SAN FRANCISCO

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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parties, subject to the approval of the Court, that all currently pending case deadlines be vacated,

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and that counsel for the parties shall either file dismissals of the action or report to Magistrate Judge

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Cousins for a further settlement conference on or before December 14, 2012.

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IT IS SO STIPULATED.
FENWICK & WEST LLP
Dated: November 30, 2012

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By: /s/Jedediah Wakefield
Jedediah Wakefield
Attorneys for Counterclaimant
Groupon, Inc.

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Dated: November 30, 2012

COMPUTERLAW GROUP LLP

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By: /s/Jack Russo
Jack Russo
Attorneys for Counterclaim Defendants
Groupion, LLC and Peter Christoph Haider

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JOINT STIPULATION AND [PROPOSED]
ORDER

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Case No.: 3:11-cv-00870-JSW (MEJ)

Case3:11-cv-00870-JSW Document254 Filed11/30/12 Page4 of 4

[PROPOSED] ORDER

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PURSUANT TO STIPULATION, and good cause appearing, all currently pending case

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deadlines are VACATED. Counsel for the parties shall either file dismissals of the action or

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report to Magistrate Judge Cousins for a further settlement conference on or before December 14,

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2012.

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IT IS SO ORDERED.
December 3
Dated: November ___, 2012
The Honorable Jeffrey S. White

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SAN FRANCISCO

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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JOINT STIPULATION AND [PROPOSED]
ORDER

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Case No.: 3:11-cv-00870-JSW (MEJ)