Datatech Enterprises, LLC v. FF Magnat Limited et al

Filing 75

ORDER granting 73 STIPULATION WITH PROPOSED ORDER re Set Motion and Deadlines/Hearings, 64 MOTION to Dismiss for Lack of Jurisdiction ., Response to MOTION to Dismiss for Lack of Jurisdiction due by 2/22/2013. Replies due by 3/1/2013. Motion Hearing set for 3/8/2013 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 1/28/2013. (beS, COURT STAFF) (Filed on 1/29/2013)

1
2
3
4
5
6

D. GILL SPERLEIN (SBN 172887)
THE LAW OFFICE OF D. GILL SPERLEIN
345 Grove Street
San Francisco, California 94102
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff DataTech Enterprises, LLC,

7
THE LAW OFFICE OF D. GILL SPERLEIN
345GROVE STREET
TEL: [phone] SAN FRANCISCO, CA 94102 FAX: [phone]

8

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

9
10
11
12

DATATECH ENTERPRISES, LLC, a
Nevada Limited Liability Company,

13
14

Plaintiff,
vs.

15
16
17
18
19
20
21

FF MAGNAT LIMITED d/b/a
ORON.COM, STANISLAV
DAVIDOGLOV, and JOHN DOE a/k/a
ROMAN ROMANOV (an alias); and
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 2-12-4500 CRB

STIPULATION AND ORDER
RE SCHEDULING

This Stipulation is entered by and between Plaintiff DataTech Enterprises, LLC and

22

Defendant FF Magnat Limited d/b/a oron.com (“Oron”) through their respective counsel of
23
24

record, with reference to the following facts:

25

1. Defendants Oron and Stanislav Davidoglav filed a motion to Dismiss for Lack

26

of Personal Jurisdiction on 12/7/2012. At a Case Management Conference on 12/7/2012, the

27
28

-1STIPULATION AND [PROPOSED] ORDER RE SCHEDULING
C-12-4500 (CRB)

1

Court ordered that Plaintiff would be permitted to take discovery on the issue of personal

2

jurisdiction prior to preparing its opposition to the Motion to Dismiss. The Court further

3

ordered the Parties to meet and confer to set briefing deadlines and a hearing date on the

4

Motion to Dismiss.

5

2. Plaintiff served discovery requests on Oron and responses are due on February

6
7

5, 2013.

THE LAW OFFICE OF D. GILL SPERLEIN
345GROVE STREET
TEL: [phone] SAN FRANCISCO, CA 94102 FAX: [phone]

8
9

3. Plaintiff noticed a Motion to Extend the Order of Preliminary Injunction for oral
argument on January 25, 2013.

10

4. Defendant noticed a Motion for Relief from Preliminary Injunction with a

11
12

hearing date for oral argument on February 15, 2013.

13
14

5. On January 21, 2013, the Clerk of the Court issued a Notice setting a briefing
schedule on Defendant’s Motion to Dismiss and calendaring oral argument on the Motion to

15
16

Dismiss. See ECF No. 72. The text of the docket entry referred not to Defendants’ Motion to

17

Dismiss but to Plaintiff’s Motion to Extend the Order of Preliminary Injunction. Moreover,

18

the dates on the Clerk’s Notice were inconsistent with the date within the Docket Text.

19

Separately, the Clerk made a Docket Entry with no document attached setting the Motion to

20
21

dismiss for Lack of Personal Jurisdiction for hearing on 2/15/2013. The Parties believe it was

22

the Court’s intention to set February 15, 2013 as the date for oral argument on all three

23

motions.

24
25
26
27
28

-2STIPULATION AND [PROPOSED] ORDER RE SCHEDULING
C-12-4500 (CRB)

6. At the time the Clerk issued the calendaring Notice, the Parties were in

1
2

discussions attempting to coordinate the three motions with an Early Neutral Evaluation

3

(ENE) so that Defense counsel would only have to travel from Boston once.

4

7. Plaintiff’s counsel will be attending a professional conference in New Orleans

5
6
7

on February 15, 2013. Hotel accommodations were prepaid and non-refundable. Flights
were purchased through priceline.com and thus are also non-refundable.

THE LAW OFFICE OF D. GILL SPERLEIN
345GROVE STREET
TEL: [phone] SAN FRANCISCO, CA 94102 FAX: [phone]

8
9

8. Defense counsel has family vacations scheduled during school breaks in
Februray.

10

9. The Court is not available on February 1, 2013, March 15, 2013, and March 22,

11
12
13
14

2013.
10. The Court set a deadline for completing an Early Neutral Evaluation (ENE) by
February 25, 2013.

15
16

11. Due to holiday vacation schedules the Parties and Neutral Evaluator were not

17

able to meet to set a date for the ENE until recently. The Parties and the Neutral Evaluator

18

were able to agree to a mutually satisfactory date that is slightly after the current deadline -

19

March 11, 2012.

20
21

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that

22

1. Oral argument on Plaintiff’s Motion to Extend Order of Preliminary Injunction,

23

Defendants’ Motion to Dismiss for Lack of Personal Jurisdiction, and Defendant’s Motion for

24

Relief from Preliminary Injunction shall all be held on March 8, 2013 at 10:00 a.m.;

25
26
27
28

-3STIPULATION AND [PROPOSED] ORDER RE SCHEDULING
C-12-4500 (CRB)

1
2
3
4

2. Plaintiff’s Opposition to Defendant FF Magnat Limited’s Motion to Dismiss for
Lack of Personal Jurisdiction shall be due on February 22, 2013;
3. Oron’s Reply to the Opposition shall be due on March 1, 2013;
4. Plaintiff’s Opposition to Oron’s Motion for Relief from Preliminary Injunction

5
6
7
THE LAW OFFICE OF D. GILL SPERLEIN
345GROVE STREET
TEL: [phone] SAN FRANCISCO, CA 94102 FAX: [phone]

8
9

remains due on January 28, 2013. Oron’s Reply remains due on March 4, 2013;
5. The date for completion of ADR in the form of an Early Neutral Evaluation is
continued from February 25, 2013 to March 12, 2013.
6. The parties do not request a hearing on the entry of this Stipulation. However,

10
11
12
13

to the extent the Court wishes to conduct such a hearing, Plaintiff does assent to Oron’s
counsel appearing for that hearing telephonically.
SO STIPULATED

14
15
16

Dated: January 25, 2013

/s/ D. Gill Sperlein
D. GILL SPERLEIN
THE LAW OFFICE OF D. GILL SPERLEIN
Attorney for Plaintiff DataTech Enterprises, LLC

17
18
19
20
21
22
23

Dated: January 25, 2013

/s/ Valentin Gurvits
VALENTIN GURVITS
BOSTON LAW GROUP, PC
Attorneys for Defendants FF Magnat Limited and
Stanislav Davidoglav

24
25
26
27
28

-4STIPULATION AND [PROPOSED] ORDER RE SCHEDULING
C-12-4500 (CRB)

1

ORDER

2
3

IT IS SO ORDERED.

S
DATED: January 28, 2013

10

RT

11

s R. Bre

harle
Judge C

ER

H

12

ERED
O ORD
_________________________
IT IS S
CHARLES R. BREYER
U.S. DISTRICT JUDGE
yer

13

R NIA

UNIT
ED

9

NO

THE LAW OFFICE OF D. GILL SPERLEIN
345GROVE STREET
TEL: [phone] SAN FRANCISCO, CA 94102 FAX: [phone]

8

RT
U
O

7

S DISTRICT
TE
C
TA

FO

6

ORDERED.

LI

5

Having considered the above Stipulation and finding good cause therefore it is SO

A

4

N

F
D IS T IC T O
R

C

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-5STIPULATION AND [PROPOSED] ORDER RE SCHEDULING
C-12-4500 (CRB)