Playvision Labs, Inc. v. Roberts et al

Filing 24

ORDER GRANTING 23 STIPULATION to Extend the Briefing Schedule and Continue the Hearing on Defendant Greg Roberts' Motion to Dismiss. Responses due by 7/19/2012. Replies due by 7/26/2012. Motion Hearing set for 8/10/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 6/27/12. (jjoS, COURT STAFF) (Filed on 6/27/2012)

Case3:12-cv-00171-JSW Document23 Filed06/27/12 Page1 of 3

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JAMES G. GATTO (pro hac vice to be submitted)
[e-mail]
JENNA F. LEAVITT #213574
[e-mail]
PILLSBURY WINTHROP SHAW PITTMAN LLP
725 South Figueroa Street, Suite 2800
Los Angeles, CA 90017-5406
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
PLAYVISION LABS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PLAYVISION LABS, INC., a California
corporation,
Plaintiff,
vs.
GREG ROBERTS, an individual; and
SUZANNE ROBERTS, an individual,
Defendants.

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Case No.: CV 12-0171 JSW
SECOND JOINT STIPULATION AND
[PROPOSED] ORDER TO EXTEND THE
BRIEFING SCHEDULE AND CONTINUE
THE HEARING ON DEFENDANT GREG
ROBERTS’ MOTION TO DISMISS
Civil L.R. 6-2
Judge: Hon. Jeffrey S. White

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Pursuant to Civil L.R. 6-1(b), 6-2, and 7-12, Plaintiff PlayVision Labs, Inc.

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(“PlayVision”) and Defendant Greg Roberts (“Roberts”), by and through their counsel, hereby

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submit this Second Joint Stipulation and [Proposed] Order to Extend the Briefing Schedule and

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Continue the Hearing on Defendant Greg Roberts’ Motion to Dismiss (the “Motion to Dismiss”),

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scheduled to be heard on July 20, 2012.

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respectfully request that the Court Order as follows:

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Accordingly, the parties hereby stipulate and

WHEREAS, PlayVision and Roberts are currently in negotiations to settle the present
dispute;

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CV 12-0171 JSW
JOINT STIPULATION AND
[PROPOSED] ORDER TO EXTEND

Case3:12-cv-00171-JSW Document23 Filed06/27/12 Page2 of 3

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WHEREAS, the parties participated through their counsel in a telephonic settlement
conference on June 21, 2012;

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WHEREAS, during the parties’ settlement conference, counsel for the parties met and

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conferred regarding the hearing date and briefing deadlines for the Motion to Dismiss, including

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PlayVision’s opposition and subsequently Roberts’ reply;

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WHEREAS, the parties stipulate, subject to the Court’s approval, that PlayVision’s time

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to file an opposition to the Motion to Dismiss shall be extended for three weeks from the current

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due date of June 28, 2012 to July 19, 2012;

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WHEREAS, the parties further stipulate, subject to the Court’s approval, that Roberts’

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time to file a reply in support of his Motion to Dismiss shall be extended for three weeks from

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the current due date of July 5, 2012 to July 26, 2012;

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WHEREAS, the parties in good faith believe that this extension will assist in their ability
to settle the matter between them without the need for further court intervention;

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WHEREAS, the requested extension to the briefing schedule will cause the need for the

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Hearing on the Motion to Dismiss scheduled on July 20, 2012, to be extended into August,

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pursuant to the Court’s schedule;

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WHEREAS, the requested extension will not cause any delay to the remainder of the case
schedule;

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WHEREAS, this is the third request by the parties hereto to extend any deadlines in this

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case, the first being an informal extension to Roberts’ deadline for providing a response to the

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Complaint (from May 23, 2012 to May 30, 2012) and the second being the first request to extend

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the briefing schedule for the Motion to Dismiss which was granted by this Court on June 13,

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2012;

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WHEREAS, there has also been one prior extension with the other Defendant, Suzanne

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Roberts, in which this Court granted the requested sixty (60) day stay with respect to the action

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against Ms. Roberts;

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WHEREAS, pursuant to Civil L.R. 6-2, the Declaration of Jenna F. Leavitt, counsel for
PlayVision, in support of the request is being filed contemporaneously herewith;

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CV 12-0171 JSW
JOINT STIPULATION AND
[PROPOSED] ORDER TO EXTEND

Case3:12-cv-00171-JSW Document23 Filed06/27/12 Page3 of 3

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NOW, THEREFORE, the parties hereby stipulate, subject to the Court’s approval, that:

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(1) PlayVision’s time to file an opposition to the Motion to Dismiss shall be extended to and

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including July 19, 2012, (2) Roberts’ time to file a reply in support of his Motion to Dismiss shall

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be extended to and including July 26, 2012, and (3) the hearing on the Motion to Dismiss shall be

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continued until August, pursuant to the Court’s schedule.

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I, Jenna F. Leavitt, as the e-filing signatory, attest that concurrence in filing this document

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has been obtained from Brian E. Mitchell.

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Dated: June 27, 2012.
Respectfully submitted,

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PILLSBURY WINTHROP SHAW PITTMAN LLP

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By

/s/ Jenna F. Leavitt
Jenna F. Leavitt
Attorneys for Plaintiff PLAYVISION LABS, INC.

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Dated: June 27, 2012.
Respectfully submitted,
MITCHELL + COMPANY

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By

/s/ Brian E. Mitchell
Brian E. Mitchell
Attorney for Defendant Greg Roberts

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
The Court shall hold a hearing on the motion to dismiss on Friday, August 10, 2012 at 9:00 a.m. If
the Court finds the matter suitable for disposition without oral argument, it shall notify the parties
in advance of the hearing.
Dated: June 27, 2012

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Honorable Jeffrey S. White
United States District Court Judge

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CV 12-0171 JSW
JOINT STIPULATION AND
[PROPOSED] ORDER TO EXTEND