Be In, Inc. v. Google Inc. et al

Filing 19

STIPULATION and (Proposed) Order for Extension of Time for Be In, Inc. to File Opposition to Google's Motion to Dismiss Third and Fourth Causes of Action of First Amended Complaint filed by Be In, Inc.. (Addiego, Joseph) (Filed on 9/12/2012) Modified text on 9/13/2012 (dhmS, COURT STAFF).

1 Joseph E. Addiego III (CA State Bar No. 169522)
DAVIS WRIGHT TREMAINE LLP
2 505 Montgomery Street, Suite 800
San Francisco, California 94111
3 Telephone: [phone]
Facsimile: [phone]
4 Email: [e-mail]
5 William E. Wallace III (Pro Hac Vice Application Pending)
Steve Nickelsburg (Pro Hac Vice Application Pending)
6 Roni Bergoffen (Pro Hac Vice Application Pending)
CLIFFORD CHANCE US LLP
7 2001 K Street, N.W.
Washington, D.C. 20006
8 Telephone: [phone]
Facsimile: [phone]
9 Email: [e-mail]

DAVIS WRIGHT TREMAINE LLP

10 Attorneys for Plaintiff
BE IN, INC., a New York corporation
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IN THE UNITED STATES DISTRICT COURT
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THE NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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BE IN, INC.,

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Plaintiff,
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v.
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GOOGLE, INC., a California corporation,
19 RICHARD ROBINSON, and DOES 1 through
3, inclusive,
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Defendants.
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Case No.

5:12-cv-03373 LHK

STIPULATION AND [PROPOSED]
ORDER FOR EXTENSION OF TIME
FOR BE IN, INC. TO FILE OPPOSITION
TO GOOGLE’S MOTION TO DISMISS
THE THIRD AND FOURTH CAUSES OF
ACTION OF THE FIRST AMENDED
COMPLAINT
[Civ. L.R. 6-1, 6-2, and 7-3]
Date:
Time:
Dept.:
Trial Date:

January 3, 2012
1:30 p.m.
8, 4th Floor
None

Assigned to the Hon. Lucy H. Koh

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Stipulation to Extend Time to File Opposition to Motion to Dismiss, Case No. CV 12-3373 LHK
DWT 20322131v1 0096269-000001

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WHEREAS, Defendant Google, Inc. filed its Motion to Dismiss Plaintiff’s Third and

2 Fourth Causes of Action on September 4, 2012;
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WHEREAS, pursuant to Civil Local Rule 7-3(a), Plaintiff Be In, Inc.’s Opposition to said

4 Motion must be filed on or before September 18, 2012;
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WHEREAS, the parties have agreed to an extension of time for Be In, Inc. to file said

6 Opposition by September 25, 2012;
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WHEREAS, Civil Local Rule 6-1(b) requires that the parties file a Stipulation to extend

8 the time for the filing of said Opposition;
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DAVIS WRIGHT TREMAINE LLP

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NOW THEREFORE, IT IS HEREBY STIPULATED THAT:
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Plaintiff Be In, Inc. shall have until on or before September 25, 2012 to file its

11 Opposition to Defendant Google’s Motion to Dismiss the Third and Fourth Causes of Action of
12 the First Amended Complaint.
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2.

This is the first stipulation between the parties relative to the deadlines on Google’s

14 Motion to Dismiss, and this stipulation will not affect the hearing date on said Motion.
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IT IS SO STIPULATED

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DATED this 12th day of September, 2012.

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Respectfully submitted,

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DAVIS WRIGHT TREMAINE LLP

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By:

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/s/
Joseph E. Addiego III

Attorneys for Plaintiff
BE IN, INC.

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DATED this 12th day of September, 2012
Respectfully submitted,

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WILSON SONSINI GOODRICH & ROSATI

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By:

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/s/
Coleen Bal
Charles Tait Graves

Attorneys for Defendants
GOOGLE INC. and RICHARD ROBINSON

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Stipulation to Extend Time to File Opposition to Motion to Dismiss, Case No. CV 12-3373 LHK
DWT 20322131v1 0096269-000001

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ORDER
Pursuant to stipulation, the foregoing is approved and IT IS SO ORDERED.

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4 DATED: September ___, 2012.
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__________________________________________
THE HONORABLE LUCY H. KO
UNITED STATES DISTRICT COURT JUDGE

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DAVIS WRIGHT TREMAINE LLP

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Stipulation to Extend Time to File Opposition to Motion to Dismiss, Case No. CV 12-3373 LHK
DWT 20322131v1 0096269-000001