Perfect 10, Inc. v. Yandex N.V.

Filing 16

STIPULATION AND ORDER TO MODIFY DEADLINES re 15 Stipulation filed by Yandex N.V.. Signed by Judge Alsup on April 20, 2012. (whalc1, COURT STAFF) (Filed on 4/20/2012)

1

Eric J. Benink, Esq., SBN 187434
I Krause Kalfayan Benink & Slavens, LLP
2 550 West C Street, Suite 530
3 San Diego, CA 92101
[phone] (ph)
4 [phone] (fax)
[e-mail]
S
6 Attorneys for Plaintiff Perfect 10, Inc.
i

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11
12

PERFECT 10, INC., a California
corporation,
Plaintiff,

13
14

CASE NO. CV 12 1521 WHA
STIPULATION AND ORDER
STIPULATION TO MODIFY
TO MODIFY DEADLINES
DEADLINES

V.

15

YANDEX N.V., a Netherlands limited
liability company, and DOES 1 through
16' 100, inclusive, inclusive,
17
Defendants.
18

CTRM: 8
JUDGE: William Alsup

19
20
21
22
23
24
25
26
27
28

Plaintiff Perfect 10, Inc. ("Perfect 10") and Defendant Yandex N.V. ("Yandex")
by and through their attorneys, hereby stipulate pursuant to Local Rules 6.1 and 6.2 as
follows:
Whereas, the parties entered into an initial stipulation regarding a partial case
schedule on April 13, 2012; and
Whereas that stipulation advised the Court that the parties were working in good
faith to set a more complete schedule for the case, the results of which negotiations are

1 reflected in this stipulation; and
2

Whereas, Quinn Emanuel Urquhart & Sullivan was engaged as counsel to

3 Yandex on April 11, 2012 and was provided with a copy of the filings in this action on
4 April 16, 2012; and
5

Whereas, Yandex has agreed not to challenge the sufficiency of the service of

6 process of the summons and complaint or of the Motion for Preliminary Injunction; and
7

Whereas, assuming the summons and complaint were properly served, Yandex's

8 response to the complaint is presently due on Monday April 23, 2012; and
9

Whereas, Yandex is a foreign corporation whose officers reside abroad, are

10 unfamiliar with United States law and for whom English is at most a second language
11 and seek additional time to understand and assess the case as presented; and
12

Whereas, Perfect 10 has agreed that counsel for Yandex should have further

13 additional time to respond to the complaint and Motion for Preliminary Injunction; and
14

Whereas the parties have reached an agreement that does not alter any deadlines

15 imposed by the Court;
16

THEREFORE IT IS STIPULATED AND AGREED:

17

1.

that Yandex's responsive pleading to the complaint shall be filed and

18 served on or before May 14, 2012; and
19

2.

that Yandex's opposition to the pending Motion for Preliminary Injunction

20 shall be filed and served on or before May 14, 2012; and
21

2.

that Perfect 10's reply (if any) in support of the Motion for Preliminary

22 Injunction shall be filed and served on or before June 4, 2012; and
23

3.

the hearing on the Montion for Preliminary Injunction shall be continued

24 from May 24, 2012 to June 14, 2012 or as otherwise set by the Court;
25

4.

that Yandex shall not challenge the sufficiency of the service of either the

26 summons and complaint or of the Motion for Preliminary Injunction; and
27
28

6.

that neither this Stipulation nor Yandex's waiver of a challenge to the
-1-

STIPULTION TO MODIFY DEADLINES

1

service of the summons and Motion shall be deemed a general appearance by Yandex.

2 Yandex expressly preserves its defenses and objections to this action, including those
3 based on jurisdiction, venue, and forum non conveniens.
4
5
6 IT IS SO STIPULATED.
7
8

KRAUSE KALFAYAN BENINK
& SLAVENS, LLP.

DATED: April 18, 2012

9

10
Eric J. Benink
Attorneys for Perfect 10, Inc.

11
12
13

DATED: April 18, 2012

QUINN EMANUEL URQUHART &
SULLIVAN, LLP

14
15

f ~t~

16

Di
oolittle
Attorneys for Yandex, N.V.

17

18 PURSUANT TO STIPULATION, IT IS SO ORDERED.
19
20 DATED:
21

April 19, 2012.

William Alsup
United States District Judge

22
23
24
25
26
27
28

-2

STIPULTION TO MODIFY DEADLINES