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

Filing 37

STIPULATION AND ORDER re 36 STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order Continuing the Hearing Date on Defendant's Motion to Dismiss filed by Whitehawk Ventures Inc., Set/Reset Deadlines as to 36 STIPULATI ON WITH PROPOSED ORDER Stipulation and [Proposed] Order Continuing the Hearing Date on Defendant's Motion to Dismiss, 20 MOTION to Dismiss . Case Management Statement due by 4/4/2013. Further Case Management Conference set for 4/11/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Motion Hearing set for 4/11/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge EDWARD M. CHEN on 2/26/13. (bpf, COURT STAFF) (Filed on 2/26/2013)

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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]
Attorneys for Plaintiff
FAB.COM, INC.

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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 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,
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v.
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WHITEHAWK VENTURES, INC.,
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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-EMC

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Case No.: 3:12-cv-04191-EMC
STIPULATION AND [PROPOSED]
ORDER CONTINUING THE
HEARING DATE ON
DEFENDANT’S MOTION TO
DISMISS AND RESETTING FURTHER
CMC TO 4/18/13 AT 1:30 P.
M.

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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
February 28, 2013, at 1:30 p.m.;
WHEREAS, the parties are in the process of concluding the litigation through a

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negotiated settlement, which may moot the need for resolution of Defendant’s Motion to

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Dismiss;

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WHEREAS, the parties have agreed to request a continuation of the hearing until April
11, 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 February 28,

2013 shall be continued until April 11, 2013, or as soon thereafter as the matter may be heard.

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2.

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

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3.

This is the third modification in the case, after an extension by stipulation for

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Defendant’s time to answer Plaintiff’s original complaint and a continuation by stipulation of the

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hearing date on Defendant’s Motion to Dismiss. This change will not alter the date of any event

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or any deadline already affixed by Court order.

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Dated: February 25, 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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STIPULATION AND [PROPOSED] ORDER CONTINUING THE
HEARING DATE ON DEFENDANT’S MOTION TO DISMISS
CASE NO.: 3:12-CV-04191-EMC

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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-EMC

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[PROPOSED] ORDER

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RT
U
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2/26/13
DATED

UNITED STATES DISTRICT JUDGE

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D
RDERE
IS SO O FIED
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DI
AS MO

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dwa
Judge E

ER

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

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S DISTRICT
TE __________________
C
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HONORABLE EDWARD M. CHEN

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The further CMC is reset from 4/18/13 to 4/11/13 at 1:30 p.m. An updated joint CMC
statement shall be filed by 4/4/13.

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Whitehawk Ventures, Inc.’s Motion to Dismiss is hereby postponed to April 11, 2013 at 1:30pm.

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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that Defendant

UNIT
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D IS T IC T O
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ATTESTATION PURSUANT TO L.R. 5-1(i)(3)
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-EMC

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