Public.Resource.org v. Sheet Metal and Air Conditioning Contractors' National Association, Inc.

Filing 33

STIPULATION WITH PROPOSED ORDER re 22 MOTION for Default Judgment by the Court as to Defendant Sheet Metal and Air Conditioning Contractors' National Association, Inc. filed by Public.Resource.org. (Lu, Kathleen) (Filed on 6/18/2013)

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CORYNNE MCSHERRY (221504)
[e-mail]
MATTHEW ZIMMERMAN (212423)
[e-mail]
ELECTRONIC FRONTIER FOUNDATION
454 Shotwell Street
San Francisco, CA 94110
Telephone: [phone]
Facsimile: [phone]
DAVID HALPERIN (Admitted Pro Hac Vice)
[e-mail]
3333 14th Street NW, Suite 205
Washington, DC 20010

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MOUNTAIN VIEW

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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ANDREW P. BRIDGES (CSB No. 122761)
[e-mail]
JAMES J. VARELLAS III (CSB No. 253633)
[e-mail]
KATHLEEN LU (CSB No. 267032)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone:
415.875.2300
Facsimile:
415.281.1350

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Attorneys for Plaintiff
PUBLIC.RESOURCE.ORG

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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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PUBLIC.RESOURCE.ORG,
Plaintiff,

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Case No.: 3:13-cv-00815 SC
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO
REPLY

v.

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SHEET METAL AND AIR CONDITIONING
CONTRACTORS’ NATIONAL
ASSOCIATION, INC.,

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Defendant.

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STIPULATION AND [PROPOSED] ORDER

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Case No.: 3:13-cv-00815 SC

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STIPULATION
Counsel for Plaintiffs Public.Resource.Org (“Public Resource”) and Defendant Sheet

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Metal and Air Conditioning Contractors’ National Association, Inc. (“SMACNA”) (collectively,

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the “Parties”) enter into the following Stipulation and [Proposed] order:

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WHEREAS, Public Resource filed its motion for default judgment (Dkt. No. 22) on May
29, 2013 and personally served SMACNA, noticing a hearing date of July 19th, 2013;
WHEREAS, according to Public Resource’s calculation, SMACNA’s response to that

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motion was due on June 12, 2013, with any further reply from Public Resource due 7 days later,

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on June 19, 2013;

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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WHEREAS, SMACNA filed its partial opposition to the motion for default judgment on
June 17, 2013, calculated at 14 days plus 3 days from the date of Public Resource’s motion;
In the interest of allowing Public Resource sufficient time to reply, the parties agree that

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Public Resource should receive until June 27, 2013, calculated at 7 days plus 3 days from

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SMACNA’s filing, to file its reply and any supporting papers.

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This extension will not affect the Court’s calendar. No previous extensions or time

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modifications have been requested or ordered. The noticed hearing date of July 19th, 2013 is 23

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days after the proposed date for Public Resource to submit its papers. The parties do not request a

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change of the noticed hearing date, and this extension will not affect any other court date or the

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schedule of this case.

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NOW THEREFORE, the Parties, by and through their respective counsel of record,
hereby stipulate, subject to Court approval, as follow:
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Plaintiff Public.Resource.Org, Inc.’s reply and supporting papers on its motion for

default judgment (Dkt. No. 22) is due June 27, 2013.

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IT IS SO STIPULATED.

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STIPULATION AND [PROPOSED] ORDER

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Case No.: 3:13-cv-00815 SC

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Dated: June 18, 2013

FENWICK & WEST LLP

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By: /s/ Kathleen Lu
Kathleen Lu

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Attorneys for Plaintiff
PUBLIC.RESOURCE.ORG

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Dated: June 18, 2013

MORRISON & FOERSTER LLP

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By: /s/ Nicholas S. Napolitan
Nicholas S. Napolitan

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Attorneys for Plaintiff
SHEET METAL AND AIR CONDITIONING
CONTRACTORS’ NATIONAL
ASSOCIATION, INC.

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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STIPULATION AND [PROPOSED] ORDER

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Case No.: 3:13-cv-00815 SC

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ATTESTATION
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I, Kathleen Lu, am the ECF User whose identification and password are being used to file
this STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO REPLY. In
compliance with Civil Local Rule 5-1(i)(3), I hereby attest that all signatories have concurred in
this filing.

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Dated:

June 18, 2013

/s/ Kathleen Lu
Kathleen Lu

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[PROPOSED] ORDER
Pursuant to stipulation, it is SO ORDERED.

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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Dated:___________________
Honorable Samuel Conti
United States District Judge

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STIPULATION AND [PROPOSED] ORDER

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Case No.: 3:13-cv-00815 SC