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

Filing 34

MOTION to Continue Hearing on 15 Defendant's Motion to Dismiss Plaintiff's Third and Fourth Causes of Action and Initial Case Management Conference filed by Be In, Inc.. (Attachments: # 1 Proposed Order with Stipulation, Granting Unopposed Administrative Motion of Be In to Continue Hearing on Defendant's Motion to Dismiss Plaintiff's Third and Fourth Causes of Action and Initial Case Management Conference)(KatieLynn, Townsend) (Filed on 3/25/2013) Modified on 3/25/2013 linking entry to document #15 (dhmS, COURT STAFF).

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GIBSON, DUNN & CRUTCHER LLP
S. ASHLIE BERINGER, SBN 263977
[e-mail]
1881 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: 650.849.5333
WAYNE BARSKY, SBN 116732
[e-mail]
KATIELYNN TOWNSEND, SBN 254321
[e-mail]
2029 Century Park East
Los Angeles, California 90067
Telephone: [phone]
Facsimile: 310.551.8741
Attorneys for Plaintiff
BE IN, INC., a New York corporation

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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BE IN, INC., a New York corporation,
Plaintiff,
v.
GOOGLE, INC., a California corporation;
RICHARD ROBINSON, an individual; and
DOES 1 through 3, inclusive,

CASE NO. 5:12-CV-03373-LHK
STIPULATION AND [PROPOSED]
ORDER GRANTING PLAINTIFF BE IN,
INC.’S UNOPPOSED ADMINISTRATIVE
MOTION TO CONTINUE HEARING ON
DEFENDANT’S MOTION TO DISMISS
PLAINTIFF’S THIRD AND FOURTH
CAUSES OF ACTION AND INITIAL
CASE MANAGEMENT CONFERENCE

Defendants.

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Gibson, Dunn &
Crutcher LLP

STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFF BE IN, INC.’S UNOPPOSED ADMINISTRATIVE
MOTION TO CONTINUE HEARING ON DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S THIRD AND FOURTH
CAUSES OF ACTION AND INITIAL CASE MANAGEMENT CONFERENCE
Case No. 5:12-CV-03373-LHK

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WHEREAS, on September 4, 2012, Defendant Google, Inc. (“Google”) filed a Motion to

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Dismiss the third and fourth causes of action of Plaintiff Be In, Inc. (“Be In”) pursuant to Rule

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12(b)(6) of the Federal Rules of Civil Procedure;

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WHEREAS, on December 13, 2012, the parties filed a joint stipulation requesting that the

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hearing on Google’s Motion to Dismiss and the initial Case Management Conference (“Initial CMC”)

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be continued from January 3, 2013 to February 28, 2013 and, by order dated December 17, 2012, this

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Court granted, in part, that request, continuing the Initial CMC and hearing on Google’s Motion to

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Dismiss to April 18, 2013;

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WHEREAS, on February 19, 2013, Clifford Chance US LLP and Davis Wright Tremaine

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LLP sought to withdraw as counsel of record for Plaintiff in the above-captioned action and, by order

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of this Court dated March 7, 2013, Gibson Dunn and Crutcher LLP (“Gibson Dunn”) was substituted

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for withdrawing counsel;

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WHEREAS, Be In and its new outside counsel are evaluating the underlying legal and

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factual issues involved in this dispute and anticipate seeking leave, by stipulation or motion, to amend

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the Amended Complaint;

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WHEREAS, Be In anticipates that its proposed Second Amended Complaint will remove one

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or more existing causes of action or parties, and may assert new causes of action and/or add new

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parties;

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WHEREAS, based on the foregoing, the parties agree that the hearing on Google’s Motion to

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Dismiss should be adjourned, and that the Initial CMC should be continued until after April 30, 2013.

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NOW, THEREFORE, IT IS HEREBY STIPULATED THAT:

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1. The April 18, 2013 hearing on Google’s Motion to Dismiss is adjourned.

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2. The initial Case Management Conference is continued to a date convenient to the Court

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that is no earlier than June 6, 2013.
3. Be In will file and serve a stipulation or noticed motion for leave to file a Second
Amended Complaint on or before April 30, 2013.

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4. Google retains all rights with respect to the proposed Second Amended Complaint,

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Gibson, Dunn &
Crutcher LLP

STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFF BE IN, INC.’S UNOPPOSED ADMINISTRATIVE
MOTION TO CONTINUE HEARING ON DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S THIRD AND FOURTH
CAUSES OF ACTION AND INITIAL CASE MANAGEMENT CONFERENCE
Case No. 5:12-CV-03373-LHK

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including the right to oppose leave to file such complaint and the right to move to dismiss any or all

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of such complaint.

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5. All dates relating to the parties’ obligations to engage in a meaningful meet and confer,

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provide initial disclosures, and to prepare a case management statement under Rule 26 of the Federal

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Rules of Civil Procedure and the Northern District of California Civil Local Rules shall be continued

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and flow from the continued date of the Initial Case Management Conference.

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6. This stipulation is without prejudice to the rights, claims, or defenses of any party.
IT IS SO STIPULATED.

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Dated: March 25, 2013

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Respectfully submitted,
GIBSON DUNN & CRUTCHER LLP

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By: /s/

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KatieLynn Townsend

Attorney for Plaintiff
BE IN, INC.

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Dated: March 25, 2013

Respectfully submitted,
WILSON SONSINI GOODRICH & ROSATI
By: /s/

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Colleen Bal

Attorney for Defendants
GOOGLE, INC. and RICHARD ROBINSON

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Gibson, Dunn &
Crutcher LLP

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STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFF BE IN, INC.’S UNOPPOSED ADMINISTRATIVE
MOTION TO CONTINUE HEARING ON DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S THIRD AND FOURTH
CAUSES OF ACTION AND INITIAL CASE MANAGEMENT CONFERENCE
Case No. 5:12-CV-03373-LHK

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ATTESTATION PURSUANT TO GENERAL ORDER 45
I, KatieLynn Townsend, hereby attest that concurrences in the filing of this document have been
obtained from each of the signatories.

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By: /s/
KatieLynn Townsend

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Gibson, Dunn &
Crutcher LLP

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STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFF BE IN, INC.’S UNOPPOSED ADMINISTRATIVE
MOTION TO CONTINUE HEARING ON DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S THIRD AND FOURTH
CAUSES OF ACTION AND INITIAL CASE MANAGEMENT CONFERENCE
Case No. 5:12-CV-03373-LHK

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[PROPOSED] ORDER
Pursuant to stipulation, the foregoing is approved. The hearing on Google Inc.’s Motion to

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Dismiss the third and fourth causes of action of plaintiff Be In, Inc. is adjourned, and the initial Case

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Management Conference in this matter is continued to ______________, 2013 at 1:30 p.m. in

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Courtroom 8 of the above-captioned court.

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IT IS SO ORDERED.

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DATED:

____________, 2013

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The Honorable Lucy H. Koh
United States District Court Judge

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Gibson, Dunn &
Crutcher LLP

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STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFF BE IN, INC.’S UNOPPOSED ADMINISTRATIVE
MOTION TO CONTINUE HEARING ON DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S THIRD AND FOURTH
CAUSES OF ACTION AND INITIAL CASE MANAGEMENT CONFERENCE
Case No. 5:12-CV-03373-LHK