Mount Hamilton Partners LLC v. Groupon Inc.

Filing 122

ORDER, Motions terminated: 121 STIPULATION WITH PROPOSED ORDER Continuing Status Conference and Deadline for Filing Updated Joint Case Management Statement filed by Mount Hamilton Partners LLC. Further Case Management Conference set for 7/18/14 is continued to 8/8/2014 03:00 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 7/16/14. (tfS, COURT STAFF) (Filed on 7/16/2014)

James T. Hultquist (pro hac vice)

1 [e-mail]

Khurram N. Gore (pro hac vice)

2 [e-mail]
3 REED SMITH LLP

101 Second Street, Suite 1800
4 San Francisco, CA 94105-3659
Telephone: [phone]
5 Facsimile: [phone]

6 Attorneys for Defendant
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Callie A. Bjurstrom
[e-mail]
California State Bar No. 137816
PILLSBURY WINTHROP SHAW
PITTMAN LLP
501 West Broadway
San Diego, California 92101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
MOUNT HAMILTON PARTNERS, LLC

GROUPON, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MOUNT HAMILTON PARTNERS, LLC,
Plaintiff/Counterdefendant,

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v.

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16 GROUPON, INC.,

Case No. 3:12-CV-1700-SI
STIPULATION AND [PROPOSED]
ORDER CONTINUING STATUS
CONFERENCE AND DEADLINE FOR
FILING UPDATED JOINT CASE
MANAGEMENT STATEMENT

[Civ. L.R. 6-2 & 7-12]

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Defendant/Counterclaimant.

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Pursuant to Local Rules 6-2 and 7-12, Plaintiff Mount Hamilton Partners, LLC (“Mount
Hamilton” or “Plaintiff”) and Defendant Groupon, Inc. (“Groupon” or “Defendant”), by and
through their respective undersigned counsel, hereby jointly move the Court for an order
continuing the scheduled date for a Status Conference and deadline for filing an updated joint case
management statement, for the following reasons:
1.

The parties have reached a settlement and are currently conducting negotiations to

finalize an agreement to resolve this action.
2.

Pursuant to this Court’s April 9, 2014 Pretrial Order (Dkt. No. 117) and subsequent

Case No. 3:12-CV-1700
STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE AND DEADLINE FOR
FILING UPDATED JOINT CASE MANAGEMENT STATEMENT

1 order (Dkt. No. 120), the parties are required to participate in a Status Conference on July 18,
2 2014 and submit an updated joint case management statement on July 11, 2014.
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3.

Accordingly, in view of the parties reaching a settlement and the ongoing dialogue

4 between the parties to finalize an agreement to resolve this action, it is the belief of the parties that
5 a continuance as to the date of the Status Conference will afford the parties an opportunity to
6 resolve the outstanding areas of dispute. The parties hereby stipulate to and request the Court to
7 continue the Status Conference from July 18, 2014 to August 8, 2014 at 3:00 p.m. or such other
8 date and time that is agreeable with the Court’s calendar. The requested continuance does not
9 affect any other deadline ordered by the Court.
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Dated: July 11, 2014

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By:

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/s/ Callie A. Bjurstrom
CALLIE A. BJURSTROM

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Attorneys for Plaintiff
MOUNT HAMILTON PARTNERS, LLC

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17 Dated: July 11, 2014
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By:

/s/ James T. Hultquist
JAMES T. HULTQUIST
KHURRAM NASIR GORE
Attorneys for Defendant
GROUPON, INC.

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STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE AND DEADLINE FOR
FILING UPDATED JOINT CASE MANAGEMENT STATEMENT

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Case No. 3:12-CV-1700

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

7/16
Dated: ___________, 2014

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HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT COURT JUDGE

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SIGNATURE ATTESTATION

I, Callie Bjurstrom, hereby attest, pursuant to N.D. Cal. General Order No. 45, that

10 the concurrence to the filing of this document has been obtained from each signatory
11 hereto.
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13 Dated: July 11, 2014

Pillsbury Winthrop Shaw Pittman LLP

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By: /s/ Callie A. Bjurstrom
Callie A. Bjurstrom
Attorney for Plaintiff
MOUNT HAMILTON PARTNERS, LLC

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STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE AND DEADLINE FOR
FILING UPDATED JOINT CASE MANAGEMENT STATEMENT

-3-

Case No. 3:12-CV-1700

1 Callie A. Bjurstrom
[e-mail]
2 California State Bar No. 137816
PILLSBURY WINTHROP SHAW
3 PITTMAN LLP
501 West Broadway
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San Diego, California 92101
5 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff
7 MOUNT HAMILTON PARTNERS, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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12 MOUNT HAMILTON PARTNERS, LLC,
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Plaintiff/Counterdefendant,

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v.

15 GROUPON, INC.,
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Case No. 3:12-CV-1700-SI
DECLARATION OF CALLIE A.
BJURSTROM IN SUPPORT OF
STIPULATION AND [PROPOSED]
ORDER CONTINUING STATUS
CONFERENCE AND DEADLINE FOR
FILING UPDATED JOINT CASE
MANAGEMENT STATEMENT

Defendant/Counterclaimant.

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I, Callie A. Bjurstrom, declare:

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1.

I am a partner at Pillsbury Winthrop Shaw Pittman LLP, counsel for Plaintiff Mount

21 Hamilton Partners, LLC (“Mount Hamilton”), in the above-captioned action. The contents of this
22 declaration are based upon my personal knowledge and are true and correct to the best of my
23 knowledge and belief. If called upon I could and would testify competently thereto.
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2.

Mount Hamilton and Defendant Groupon, Inc. (“Groupon”) have reached a

25 settlement and are currently conducting negotiations to finalize an agreement to resolve this action
26 and all related disputes.
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Case No. 3:12-CV-1700
DECLARATION OF BJUSTROM IN SUPPORT STIPULATION AND [PROPOSED] ORDER CONTINUING
STATUS CONFERENCE AND DEADLINE FOR FILING UPDATED JOINT CASE MANAGEMENT STATEMENT

3.

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Pursuant to the Pretrial Order, the parties are required to participate in a Status

2 Conference on July 18, 2014 and submit an updated joint case management statement on July 11,
3 2014.
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4.

In view of the parties reaching a settlement and the ongoing dialogue between the

5 parties to finalize an agreement to resolve this action, it is the belief of the parties that a
6 continuance as to the date of the Status Conference and deadline for submit an updated joint case
7 management statement will afford the parties an opportunity to resolve the outstanding areas of
8 dispute.
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5.

The requested continuance is made in good faith and will not impact the schedule or

10 the trial in this matter.
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I declare under penalty of perjury of the laws of the United States of America that the

12 foregoing is true and correct.
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DATED: July 11, 2014.

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By /s/ Callie A. Bjurstrom
Callie A. Bjurstrom

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Case No. 3:12-CV-1700
DECLARATION OF BJUSTROM IN SUPPORT STIPULATION AND [PROPOSED] ORDER CONTINUING
STATUS CONFERENCE AND DEADLINE FOR FILING UPDATED JOINT CASE MANAGEMENT STATEMENT

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CALLIE A. BJURSTROM (State Bar No. 137816)
[e-mail]
PILLSBURY WINTHROP SHAW PITTMAN LLP
501 W. Broadway, Suite 1100
San Diego, CA 92101-3575
Telephone: [phone]
Facsimile No.: [phone]
Attorneys for Plaintiff
MOUNT HAMILTON PARTNERS, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MOUNT HAMILTON PARTNERS LLC,
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Plaintiff,
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vs.
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GROUPON, INC.,
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Defendant.
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Case No. 3:12-cv-01700-SI
PROOF OF SERVICE
Judge:

Hon. Susan Illston

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I, Callie A. Bjurstrom, the undersigned, hereby declare as follows:

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1.

I am over the age of 18 years and am not a party to the within cause. I am

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employed by Pillsbury Winthrop Shaw Pittman LLP in the City of San Diego, California.

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2. My email and business addresses are [e-mail], 501

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W. Broadway, Suite 1100, San Diego, CA 92101-3575.
3. On July 11, 2014, I served a true copy of the documents titled exactly

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STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS

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CONFERENCE AND DEADLINE FOR FILING UPDATED JOINT CASE

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MANAGEMENT STATEMENT; and DECLARATION OF CALLIE A.

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BJURSTROM IN SUPPORT OF STIPULATION AND [PROPOSED] ORDER

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CONTINUING STATUS CONFERENCE AND DEADLINE FOR FILING

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705362364v1

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PROOF OF SERVICE
Case No. 3:12-cv-1700 SI

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UPDATED JOINT CASE MANAGEMENT STATEMENT were served via electronic

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transmission to the following persons at the electronic-mail addresses so indicated:

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James T. Hultquist
REED SMITH LLP
10 South Wacker Drive, Suite 4000
Chicago, IL 60606-7507
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Adrian Sue Shin (SBN 256960)
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, CA 94105-3659
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
I declare under penalty of perjury that the foregoing is true and correct. Executed
this 11th day of July, 2014, at San Diego, CA.

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/s/ Callie A. Bjurstrom
Callie A. Bjurstrom

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705362364v1

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PROOF OF SERVICE
Case No. 3:12-cv-1700 SI