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

Filing 26

STIPULATION WITH PROPOSED ORDER Rescheduling Hearing on Defendant's Motion to Dismiss Be In's Third and Fourth Causes of Action and Initial Case Management Conference and Related Deadlines filed by Be In, Inc.. (Addiego, Joseph) (Filed on 12/13/2012)

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]

DAVIS WRIGHT TREMAINE LLP

5 William E. Wallace III (Pro Hac Vice Application Pending)
Stephen M. Nickelsburg (Pro Hac Vice Application Pending)
6 Roni E. 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]
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

16 BE IN, INC.,
Plaintiff,

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19 GOOGLE, INC., a California corporation,
RICHARD ROBINSON, and DOES 1 through
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Defendants.

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Case No. CV12-03373-LHK
Stipulation to Continue Motion to Dismiss Hearing and Initial CMC
DWT 20806458v1 0096269-000001

Case No. CV12-03373-LHK
STIPULATION AND [PROPOSED]
ORDER RESCHEDULING HEARING
ON DEFENDANT'S MOTION TO
DISMISS BE IN'S THIRD AND FOURTH
CAUSES OF ACTION AND INITIAL
CASE MANAGEMENT CONFERENCE
AND RELATED DEADLINES
[Civ. L.R. 6-2 and 7-7(b)]
Hearing Date:
Hearing Time:
Courtroom:
Judge:
Trial Date:

January 3, 2013
1:30pm
8, 4th Floor
Hon. Lucy H. Koh
None set

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WHEREAS, on September 4, 2012, Defendant Google Inc. filed a Motion to Dismiss

2 Plaintiff Be In, Inc.'s third and fourth causes of action pursuant to Rule 12(b)(6) of the Federal
3 Rules of Civil Procedure. The motion is scheduled for hearing on January 3, 2012.
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WHEREAS, the Initial Case Management Conference in this matter also is set for January

5 3, 2013.
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WHEREAS, Plaintiff's counsel has encountered an unforeseen and unavoidable scheduling

7 conflict on January 3, 2013.
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WHEREAS, in light of this conflict, the parties have agreed to continue the motion

9 hearing and Case Management Conference to February 28, 2013 at 1:30 p.m..

DAVIS WRIGHT TREMAINE LLP

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WHEREAS, the parties have reviewed the Court’s Calendar and determined the February

11 28, 2013 date is available.
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NOW THEREFORE, IT IS HEREBY STIPULATED THAT:

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1.

The January 3, 2013 hearing on Defendant Google’s Motion to Dismiss and the

14 Initial Case Management Conference are continued to February 28, 2013 at 1:30 p.m. in
15 Courtroom 8 of the above captioned Court.
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2.

All dates relating to the parties' obligations to engage in a Meet and Confer,

17 provide Initial Disclosures, to commence discovery, and to prepare a Case Management
18 Statement under Federal Rules of Civil Procedure Rule 26 and the Northern District of California
19 Civil Local Rules shall be continued and flow from the February 28, 2013 motion hearing date.
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3.

This stipulation is without prejudice to the rights, claims, or defenses of any party.

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4.

Pursuant to Civil Local Rules 6-2 and 7-7, this is the first stipulation between the

22 parties relative to continue the hearing date on Google’s Motion and the Initial Case
23 Management Conference. No trial date has been set in this case.
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Case No. CV12-03373-LHK
Stipulation to Continue Motion to Dismiss Hearing and Initial CMC
DWT 20806458v1 0096269-000001

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IT IS SO STIPULATED.

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DATED this 13th day of December, 2012.

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Respectfully submitted,

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DAVIS WRIGHT TREMAINE LLP

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By:

/s/ Joseph E. Addiego III
Joseph E. Addiego III

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Attorneys for Plaintiff
BE IN, INC.

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DATED this 13th day of December, 2012.
Respectfully submitted,

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DAVIS WRIGHT TREMAINE LLP

WILSON SONSINI GOODRICH & ROSATI
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By:
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/s/ Colleen Bal
Colleen Bal
Charles Tait Graves

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Attorneys for Defendants
GOOGLE INC. and RICHARD ROBINSON

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ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Joseph E. Addiego, hereby attest that concurrences in the filing of this document have

19 been obtained from each of the signatories.
/s/ Joseph E. Addiego III
Joseph E. Addiego III

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Case No. CV12-03373-LHK
Stipulation to Continue Motion to Dismiss Hearing and Initial CMC
DWT 20806458v1 0096269-000001

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

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DATED: December ___, 2012.
__________________________________________
THE HONORABLE LUCY H. KOH
UNITED STATES DISTRICT COURT JUDGE

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DAVIS WRIGHT TREMAINE LLP

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Case No. CV12-03373-LHK
Stipulation to Continue Motion to Dismiss Hearing and Initial CMC
DWT 20806458v1 0096269-000001