Be In, Inc. v. Google Inc. et al
Filing
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MOTION for Extension of Time to Amend COMPLAINT filed by Be In, Inc.. (Attachments: # 1 Declaration Charles S. Barquist, # 2 Proposed Order)(Barquist, Charles) (Filed on 10/21/2013)
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CHARLES S. BARQUIST (BAR NO. 133785)
CBarquist@mofo.com
WENDY J. RAY (BAR NO. 226269)
WRay@mofo.com
MORRISON & FOERSTER LLP
707 Wilshire Blvd., Suite 6000
Los Angeles, California 90017-3543
Telephone: 213.892.5200
Facsimile: 213.892.5454
KENNETH A. KUWAYTI (BAR NO. 145384)
KKuwayti@mofo.com
MORRISON & FOERSTER LLP
755 Page Mill Road
Palo Alto, California 94304-1018
Telephone:
650.813.5600
Facsimile:
650.494.0792
Attorneys for Plaintiff
BE IN INC.
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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,
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v.
GOOGLE INC., a California corporation;
YOUTUBE, LLC, A Delaware limited
liability company; and GOOGLE UK LTD., a
private limited company registered in England
and Wales,
Case No. 5:12-CV-03373-LHK-HRL
PLAINTIFF’S
ADMINISTRATIVE MOTION
FOR EXTENSION OF TIME TO
FILE THIRD AMENDED
COMPLAINT
The Honorable Lucy H. Koh
Trial Date:
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Jan. 12, 2015
Defendants.
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TO THE PARTIES AND THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that, pursuant to Northern District of California Local
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Rules 6-3 and 7-11, Be In Inc. hereby moves the Court for a 30-day extension of time for filing its
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Third Amended Complaint. This motion is based upon and supported by the Memorandum of
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Points and Authorities, the concurrently filed Declaration of Charles S. Barquist, all papers and
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NOTICE OF MOTION AND MOTION FOR EXTENSION
Case No. 5:12-CV-03373-LHK
la-1226933
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records on file herein, and such other and further oral and documentary evidence as this Court
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deems necessary.
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MEMORANDUM OF POINTS AND AUTHORITIES
Pursuant to this Court’s October 9, 2013 order granting Defendants’ motion to dismiss
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and granting leave to amend claims one and three, any amended complaint must be filed by
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November 1, 2013. (D.I. 80.) Be In is in the process of retaining new counsel to replace
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Morrison & Foerster. (Barquist Decl. ¶ 2.) Be In respectfully requests that the Court grant a
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30-day extension for the filing of its amended complaint so that it can complete the process of
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retaining new counsel and allow new counsel time to familiarize themselves with the record in
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this case so that they can make the necessary decisions, in consultation with Be In, regarding the
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filing of a Third Amended Complaint. (Id.) Without the extension of time, Be In will be
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burdened and prejudiced because it will not be able to use its new counsel for the filing of its
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Third Amended Complaint.
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There have been no previous time modifications in the case. A 30-day extension should
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not result in the delay of trial, which is set for January 12, 2015. On October 21, 2013, Be In
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provided a draft copy of this motion to counsel for Defendants, and asked Defendants to stipulate
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to the extension. (Barquist Decl. ¶ 3.) Defendants advised that they would file a “conditional
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opposition” to the motion. (Id.) Defendants further advised Plaintiff that they would file their
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papers by noon on Thursday, October 24, 2013.
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For the above reasons, Be In requests that the Court enter an order granting this Motion
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and extending Be In’s deadline for filing its Third Amended Complaint to December 2, 2013.
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Dated: October 21, 2013
MORRISON & FOERSTER LLP
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By:
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/s/ Charles S. Barquist
Charles S. Barquist
Attorneys for Plaintiff
BE IN INC.
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NOTICE OF MOTION AND MOTION FOR EXTENSION
Case No. 5:12-CV-03373-LHK
la-1226933
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