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

Filing 46

STIPULATION WITH PROPOSED ORDER re 37 MOTION for Leave to File Second Amended Complaint - STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO FILE REPLY BRIEF IN SUPPORT OF BE IN, INC.'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT - filed by Be In, Inc., Google Inc., Richard Robinson. (Kuwayti, Kenneth) (Filed on 5/21/2013)

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CHARLES S. BARQUIST (BAR NO. 133785)
[e-mail]
WENDY J. RAY (BAR NO. 226269)
[e-mail]
MORRISON & FOERSTER LLP
707 Wilshire Blvd., Suite 6000
Los Angeles, California 90017-3543
Telephone: [phone]
Facsimile: 213.892.5454
KENNETH A. KUWAYTI (BAR NO. 145384)
[e-mail]
MORRISON & FOERSTER LLP
755 Page Mill Road
Palo Alto, California 94304-1018
Telephone:
650.813.5600
Facsimile:
650.494.0792
(Proposed) Attorneys for Plaintiff
BE IN, INC., A NEW YORK CORPORATION
COLLEEN BAL, (BAR NO. 167637)
[e-mail]
CHARLES TAIT GRAVES (BAR NO. 197923)
[e-mail]
WILSON SONSINI GOODRICH & ROSATI
One Market Plaza, Spear Tower, Suite 3300
San Francisco, California 94105-1126
Telephone:
415.947.2000
Facsimile:
415.947.2099
Attorneys for Defendants
GOOGLE, INC., AND RICHARD ROBINSON

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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,

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Plaintiff,
v.
GOOGLE, INC., a California Corporation,
RICHARD ROBINSON, and DOES 1 through 3,
inclusive,
Defendants.

Case No. 5:12-CV-03373-LHK
STIPULATION AND
[PROPOSED] ORDER
EXTENDING TIME TO FILE
REPLY BRIEF IN SUPPORT OF
BE IN, INC.’S MOTION FOR
LEAVE TO FILE SECOND
AMENDED COMPLAINT
Date: September 26, 2013
Time: 1:30 p.m.
Dept.: 8, 4th Floor
The Honorable Lucy H. Koh

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STIP & [PROP.] ORDER EXTENDING TIME TO FILE REPLY ISO BE IN’S MOT. FOR LEAVE TO FILE 2ND AMEND. CPT.
Case No. 5:12-CV-03373-LHK
pa-1589274

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STIPULATION
The parties submit this stipulation and proposed order to extend the time for Be In, Inc.

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(“Be In”) to file a reply brief in support of its motion for leave to file second amended complaint

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or to withdraw that motion.

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WHEREAS, plaintiff Be In filed a Motion for Leave to File Second Amended Complaint

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through prior counsel on April 30, 2013 (D.I. 37) pursuant to the Court’s Order dated March 26,

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2013 (D.I. 35);

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WHEREAS, defendants Google Inc. and Richard Robinson (“Defendants”) filed

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Defendants’ Conditional Opposition to Motion for leave to File Second Amended Complaint on

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May 14, 2013 (D.I. 43);

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WHEREAS, plaintiff Be In’s reply would otherwise be due on May 21, 2013;

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WHEREAS, plaintiff Be In filed a substitution of counsel on May 14, 2013 (D.I. 42), and

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new counsel will be the counsel to file the reply;
WHEREAS, counsel for Defendants has stipulated that plaintiff Be In shall have until

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May 30, 2013 to file its reply brief or to withdraw its motion and provide to Defendants a revised

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proposed second amended complaint;

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WHEREAS, the parties agree that if plaintiff Be In withdraws its motion and seeks to file

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a revised proposed second amended complaint, Defendants shall use their best efforts to inform

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counsel for plaintiff Be In whether Defendants stipulate to the filing of such revised second

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amended complaint prior to the case management conference on June 5, 2013;

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WHEREAS, in the absence of stipulation by Defendants to any proposed revised second

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amended complaint, plaintiff Be In shall have until June 14, 2013 to file a motion for leave to file

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the revised second amended complaint;

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WHEREAS, the hearing date that has currently been set for plaintiff’s Motion for Leave

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to File Second Amended Complaint is September 26, 2013 and will not be impacted by this

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extension;

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STIP & [PROP.] ORDER EXTENDING TIME TO FILE REPLY ISO BE IN’S MOT. FOR LEAVE TO FILE 2ND AMEND. CPT.
Case No. 5:12-CV-03373-LHK
pa-1589274

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NOW, THEREFORE, and in light of the foregoing, IT IS HEREBY STIPULATED AND

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AGREED by and between the respective attorneys for Plaintiff and Defendants, and subject to

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approval by this Court, as follows:

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1. The deadline for Be In to file its reply brief in support of its Motion for leave to File

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Second Amended Complaint or to withdraw such motion and provide to Defendants a

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revised proposed second amended complaint is Thursday, May 30, 2013;

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2. If plaintiff Be In withdraws its motion and seeks to file a revised second amended

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complaint, Defendants shall use their best efforts to inform counsel for plaintiff Be In

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prior to the case management conference on Wednesday, June 5, 2013 whether

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Defendants stipulate to the filing of such revised second amended complaint; and
3. In the absence of stipulation by Defendants to plaintiff Be In’s proposed revised

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second amended complaint, plaintiff Be In shall have until Friday, June 14, 2013 to

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file a motion for leave to file the revised second amended complaint;

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Dated: May 21, 2013
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CHARLES S. BARQUIST
KENNETH A. KUWAYTI
WENDY J. RAY
MORRISON & FOERSTER LLP

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By:

/s/ Kenneth A. Kuwayti
KENNETH A. KUWAYTI

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Attorneys for Plaintiff
BE IN, INC.

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STIP & [PROP.] ORDER EXTENDING TIME TO FILE REPLY ISO BE IN’S MOT. FOR LEAVE TO FILE 2ND AMEND. CPT.
Case No. 5:12-CV-03373-LHK
pa-1589274

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Dated: May 21, 2013

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COLLEEN BAL
CHARLES TAIT GRAVES
WILSON SONSINI GOODRICH & ROSATI

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By:

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/s/ Colleen Bal
COLLEEN BAL

Attorneys for Defendants
GOOGLE, INC. and RICHARD ROBINSON

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ORDER

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IT IS SO ORDERED.

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Dated:

By:
The Honorable Lucy H. Koh
United States District Court Judge

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STIP & [PROP.] ORDER EXTENDING TIME TO FILE REPLY ISO BE IN’S MOT. FOR LEAVE TO FILE 2ND AMEND. CPT.
Case No. 5:12-CV-03373-LHK
pa-1589274

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ATTESTATION

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I, Kenneth A. Kuwayti, am the ECF user whose ID and password are being used to file

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this Stipulation and [Proposed] Order Extending Time to File Reply Brief in Support of Be In,

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Inc.’s Motion for Leave to file Second Amended Complaint. In compliance with General Order

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45.X.B, I hereby attest that Plaintiff’s counsel, Colleen Bal, has concurred in this filing.

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Dated: May 21, 2013

MORRISON & FOERSTER LLP

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By:

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/s/ Kenneth A. Kuwayti
KENNETH A. KUWAYTI
Attorneys for Defendants

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STIP & [PROP.] ORDER EXTENDING TIME TO FILE REPLY ISO BE IN’S MOT. FOR LEAVE TO FILE 2ND AMEND. CPT.
Case No. 5:12-CV-03373-LHK
pa-1589274