Dimdim Inc et al v. Williamson

Filing 10

STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANT RICHARD A. WILLIAMSON TO RESPOND TO COMPLAINT. Signed by Judge Joseph C. Spero on 7/20/12. (klhS, COURT STAFF) (Filed on 7/20/2012)

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RYAN R. SMITH, State Bar No. 229323
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, California 94304-1050
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Additional counsel listed on signature page.

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Attorneys for Plaintiffs
Dimdim, Inc., and salesforce.com, inc.

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Counsel for Defendant listed on signature page.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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DIMDIM, INC., a Delaware corporation,
and
SALESFORCE.COM, INC., a Delaware
corporation,

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Plaintiffs,
v.
RICHARD A. WILLIAMSON, ON BEHALF
OF AND AS TRUSTEE FOR AT HOME
BONDHOLDERS’ LIQUIDATING TRUST,
Defendant.

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JOINT STIPULATION TO EXTEND TIME
FOR DEFENDANT RICHARD A.
WILLIAMSON TO RESPOND TO
COMPLAINT

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CASE NO.: 12-CV-03403 JCS
JOINT STIPULATION TO EXTEND
TIME FOR DEFENDANT
RICHARD A. WILLIAMSON TO
RESPOND TO COMPLAINT

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WHEREAS, the Complaint in the above-captioned action (Dkt. No. 1) was filed on July
2, 2012 and served on Defendant Richard A. Williamson, on behalf of and as trustee for At
Home Bondholders’ Liquidating Trust (“Williamson”) with the corresponding summons on July
3, 2012;
WHEREAS, Case No. 12-CV-05701, styled Richard A. Williamson, on behalf of and as
trustee for At Home Bondholders’ Liquidating Trust v. salesforce.com, inc.; and Dimdim, Inc.,
was also filed on July 2, 2012, in the United States District Court for the Central District of
California, Los Angeles Division, raising between the identical parties identical issues of fact
and law that are at issue in this action;
WHEREAS, the parties dispute as a threshold question the proper forum for adjudicating
the parties’ respective complaints, and intend to raise the issue concerning the competing filings
to the attention of this Court as well as the District Court for the Central District of California by
appropriate motions;
WHEREAS, the current deadline for Williamson to answer, move, or otherwise respond
to the Complaint in the above-captioned action is July 24, 2012;
WHEREAS, Plaintiffs and Williamson submit this Stipulation reflecting their agreement
to extend Williamson’s deadline to answer, move, or otherwise respond to the Complaint in the
above-captioned action until the threshold issue concerning the parties’ competing filings is
resolved;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, that pursuant to
Civil Local Rule 6-1(a), Plaintiffs Dimdim, Inc. and salesforce.com, inc., and Defendant
Williamson, through their respective counsel, hereby stipulate and agree as follows:
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Williamson need not answer, move, or otherwise respond to the Complaint in the

above-captioned action by July 24, 2012.
2.

Williamson must answer, move, or otherwise respond to the Complaint in the

above-captioned action within seven (7) days after the threshold issue is resolved by either

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District Court concerning the proper forum for adjudicating the parties’ claims raised by the

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parties having filed competing complaints in different District Courts.

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Dated: July 19, 2012

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

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By: /s/: Ryan R. Smith
Ryan R. Smith

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Of Counsel:

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WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
JOSE C. VILLARREAL (pro hac vice to be
filed)
[e-mail]
ADEN M. ALLEN (pro hac vice to be filed)
[e-mail]
ABRAHAM DELAO (pro hac vice to be filed)
[e-mail]
JOEL C. BOEHM (pro hac vice to be filed)
[e-mail]
900 South Capital of Texas Highway
Las Cimas IV, 5th Floor
Austin, TX 78746
Telephone: [phone]

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Attorneys for Plaintiffs
Dimdim, Inc. and salesforce.com, inc.

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Pursuant to General Order No. 45, §X(B), the above signatory attests under penalty of

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perjury that concurrence in the filing of this document has been obtained from its signatory.

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Dated: July 19, 2012

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Spero

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R NIA

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seph C.

Judge Jo

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RT

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ERED

O ORD

IT IS S

NO

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By: /s/: Geoffrey Yost.
Geoffrey Yost, SBN 159687
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111
Telephone: [phone]

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UNIT
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Dated: July 20, 2012

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ISTRIC
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Attorneys for Defendant
Richard A. Williamson, on behalf of and as
trustee for At Home Bondholders’ Liquidating
Trust

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