FAB.com, Inc. v. Whitehawk Ventures Inc.

Filing 33

STIPULATION AND ORDER re 32 ] Order Continuing the Hearing Date on Defendant's Motion to Dismiss filed by Whitehawk Ventures Inc., Set/Reset Deadlines as to 32 STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order Continuing the Hearing Date on Defendant's Motion to Dismiss, 20 MOTION to Dismiss . Motion Hearing set for 2/28/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 1/16/13. (bpf, COURT STAFF) (Filed on 1/16/2013)

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HOLLY PRANGER, SBN 215270
DAVID BANIE, SBN 217924
PRANGER LAW GROUP
3223 Webster Street
San Francisco, California 94123
Telephone: [phone]
Facsimile: 415.346.8987
E-mail: [e-mail]
E-mail: [e-mail]

COLLEEN BAL, SBN 167637
CORINA I. CACOVEAN, SBN 267573
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
1 Market Street
Spear Tower, Suite 3300
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]

Attorneys for Plaintiff
FAB.COM, INC.

Attorneys for Defendant
WHITEHAWK VENTURES, INC.

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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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FAB.COM, INC.

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Plaintiff,
v.
WHITEHAWK VENTURES, INC.,
Defendant.

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STIPULATION AND [PROPOSED] ORDER CONTINUING THE
HEARING DATE ON DEFENDANT’S MOTION TO DISMISS
CASE NO.: 3:12-cv-04191-JSC

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Case No.: 3:12-cv-04191-JSC

EMC

STIPULATION AND [PROPOSED]
ORDER CONTINUING THE
HEARING DATE ON
DEFENDANT’S MOTION TO
DISMISS

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WHEREAS, on November 5, 2012, Plaintiff filed a First Amended Complaint against

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Defendant Whitehawk Ventures, Inc., purporting to allege claims for copyright infringement,

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trademark and trade dress infringement, unfair competition, breach of contract, unjust

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enrichment, breach of the implied covenant of good faith and fair dealing, an accounting and

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constructive trust and injunction;

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WHEREAS, on November 19, 2012, Defendant filed a Motion to Dismiss the First
Amended Complaint;
WHEREAS, a hearing on Defendant’s Motion to Dismiss is currently scheduled for
January 17, 2013, at 1:30 p.m.;

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WHEREAS, the parties are actively engaged in settlement discussions;

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WHEREAS, the parties have agreed to request a continuation of the hearing until

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February 28, 2013;

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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED that:

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1.

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The hearing on Defendant’s Motion to Dismiss currently set for January 17, 2013

shall be continued until February 28, 2013, or as soon thereafter as the matter may be heard.

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

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This is the second modification in the case (the first one being an extension by

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stipulation for Defendant’s time to answer Plaintiff’s original complaint), and the change will not

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alter the date of any event or any deadline already affixed by Court order.

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Dated: January 16, 2013
/s/ Colleen Bal
Colleen Bal
WILSON SONSINI GOODRICH & ROSATI

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Attorneys for Defendant
Whitehawk Ventures, Inc.

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/s/ Holly Pranger
Holly Pranger
PRANGER LAW GROUP

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Attorneys for Plaintiff
Fab.com, Inc.

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STIPULATION AND [PROPOSED] ORDER CONTINUING THE
HEARING DATE ON DEFENDANT’S MOTION TO DISMISS
CASE NO.: 3:12-CV-04191-JSC

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that Defendant

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Whitehawk Ventures, Inc.’s Motion to Dismiss is hereby postponed to February 28, 2013 at

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1:30pm.

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IT IS

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. Chen

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udge Ed

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STIPULATION AND [PROPOSED] ORDER CONTINUING THE
HEARING DATE ON DEFENDANT’S MOTION TO DISMISS
CASE NO.: 3:12-CV-04191-JSC

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__________________
HONORABLE EDWARD M. CHEN
ED
UNITED SO ORDER
STATES DISTRICT JUDGE

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DATED

UNIT
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1/16/13

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S DISTRICT
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ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Colleen Bal, hereby attest that concurrences in the filing of this document have
been obtained from each of the signatories.
/s/ Colleen Bal
Colleen Bal

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STIPULATION AND [PROPOSED] ORDER CONTINUING THE
HEARING DATE ON DEFENDANT’S MOTION TO DISMISS
CASE NO.: 3:12-CV-04191-JSC

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