Alpha Investment, LLC v. Zynga Inc. et al

Filing 71

ORDER GRANTING AS MODIFIED 70 STIPULATION: Request for Order Changing Time. Case Management Statement due by 6/8/2012. Case Management Conference set for 6/15/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 4/2/12. (jjoS, COURT STAFF) (Filed on 4/2/2012)

Case3:11-cv-03500-JSW Document70 Filed03/30/12 Page1 of 7

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CRONE HAWXHURST
Gerald E. Hawxhurst (Bar No. 220327)
[e-mail]
Joshua P. Gelbart (Bar No. 274021)
[e-mail]
10880 Wilshire Blvd., Suite 1150
Los Angeles, California 90024
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
Alpha Investment, LLC

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ALLEN & OVERY LLP
Jacob S. Pultman (Admitted Pro Hac Vice)
[e-mail]
Molly C. Spieczny (Admitted Pro Hac Vice)
[e-mail]
1221 Avenue of the Americas
New York, New York 10020
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff
Alpha Investment, LLC

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[Additional counsel information listed on
signature page]

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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ALPHA INVESTMENT, LLC,
Plaintiff,

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v.

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ZYNGA INC. and ANDREW TRADER,

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CASE NO. CV 11-3500-JSW
STIPULATED REQUEST FOR ORDER
CHANGING TIME
[PROPOSED ORDER SUBMITTED
HEREWITH]

Defendants.

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WHEREAS, the initial Complaint in the above-captioned action was filed on July 15,

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2011;
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Stipulation Regarding Case Management Conference
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WHEREAS, on August 1, 2011, the Court entered an Order scheduling the Case
Management Conference for October 28, 2011;
WHEREAS, motions to dismiss and a motion to intervene (the “Motions”) were filed by

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Defendants Zynga Inc. and Andrew Trader (“Defendants”) on August 5, 2011 and noticed for oral

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argument on November 4, 2011;

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WHEREAS, on September 14, 2011, the parties stipulated and agreed that, with the

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consent of the Court, the Case Management Conference originally set for October 28, 2011 should

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be adjourned until November 4, 2011, so as to coincide with oral argument on the Motions;

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WHEREAS, on September 15, 2011, the Court entered an Order scheduling the Case

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Management Conference for November 4, 2011, immediately following oral argument on the

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Motions;

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WHEREAS, on October 27, 2011, an Amended Clerk’s Notice was entered in this action

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rescheduling for December 16, 2011 the oral argument on the Motions and the Case Management

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Conference that had been previously scheduled for November 4, 2011;

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WHEREAS, on November 14, 2011, the parties stipulated and agreed that, with the

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consent of the Court, the oral argument on the Motions and the Case Management Conference set

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for December 16, 2011 should be adjourned until February 10, 2012, the earliest date available

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after December 16, 2011 on which oral argument on the Motions and the Case Management

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Conference could be held, in order to accommodate the schedule of lead counsel for Defendant

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Zynga Inc.;

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WHEREAS, on November 15, 2011, the Court entered an Order scheduling oral argument
on the Motions and the Case Management Conference for February 10, 2010;
WHEREAS, on February 6, 2012, the Court entered an Order requiring further briefing

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and continuing the hearing on the Motions to March 16, 2012 and the Case Management

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Conference to March 30, 2012;

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WHEREAS, on March 12, 2012, the Court entered an Order granting Defendants’ motions

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to dismiss, denying Defendant Trader’s motion to intervene as moot, granting Plaintiff leave to

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amend within 20 days or by April 2, 2012, directing Defendants to answer or move to dismiss
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within 20 days of service of the amended complaint; and vacating the Case Management

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Conference to be reset, if necessary, at a later date;

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WHEREAS, an amended complaint in this action is being filed on April 2, 2012;

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WHEREAS, due to scheduling conflicts, lead counsel for Defendant Andrew Trader is

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unavailable between April 29, 2012 and May 13, 2012, and again between May 21, 2012 and May

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25, 2012; and

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WHEREAS, the parties seek the prompt resolution of this action;

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between

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the parties to this action, through the undersigned counsel of record, pursuant to Rules 6.1(b) and

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6.2(a) of the Civil Local Rules of the United States District Court for the Northern District of

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California, as follows:

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1. Subject to the consent of the Court, Defendants shall answer or move to dismiss the
amended complaint by May 2, 2012;

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2. Subject to the consent of the Court, if Defendants move to dismiss the amended
complaint, Plaintiff shall file oppositions to Defendants’ motions to dismiss by May 18, 2012;

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3. Subject to the consent of the Court, Defendants shall file replies to Plaintiff’s oppositions

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by May 30, 2012;

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4. Subject to the consent of the Court, oral argument on the motions to dismiss the amended
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complaint and the Case Management Conference shall be set for June 8, 2012.

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5. The parties to this action enter this stipulation without prejudice to any parties’ rights with

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respect to discovery, including but not limited to a party’s right to serve, object to, move to

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compel, quash or stay discovery, or to seek further relief from the Court as appropriate.

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//
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VICK LAW GROUP, APC
By ________________________
Scott Vick (Bar No. 171
[e-mail]
Jessica Han (Bar No. 228859)
[e-mail]
Lital Gilboa (Bar No. 263372)
[e-mail]
800 West Sixth Street, Suite 1220
Los Angeles. California 90017
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant Andrew Trader

By ______~~~--------f-----Stephen C. eal ( ar No. 17008 )
( nealsciaJ.coo lev .com)
John C. Dwver (Bar No. 136533)
( dwveric@coo lev .com)
Jeffrev M. Kahan (Bar No. 235743)
([e-mail])
Five Palo Alto Square
3000 El Camino Real
Palo Alto. California 94306-2155
Telephone:
[phone]
Facsimile:
[phone]
Attornevs for Defendant
Zynga Inc.

ALLEN & OVERYLLP

By ________________________
JacobS. Pultman (admitted pro hac vice)
Attorneys for Plaintiff Alpha Investment, LLC

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PURSUANT TO STIPULATION, IT IS SO ORDERED. AS MODIFIED ABOVE, IT IS SO
ORDERED.
, 2012
DATED: April
Dated: April 2, 2012
HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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Stipulation Regarding Case Management Conference
Case No. CV 11-3500-JSW