FAB.com, Inc. v. Whitehawk Ventures Inc.
Filing
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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: 415.885.9800
Facsimile: 415.346.8987
E-mail: hpranger@prangerlaw.com
E-mail: dbanie@prangerlaw.com
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: (415) 947-2000
Facsimile: (415) 947-2099
E-mail: cbal@wsgr.com
E-mail: ccacovean@wsgr.com
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
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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
RT
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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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hen
rd M. C
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R NIA
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S DISTRICT
TE __________________
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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
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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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