Tagged, Inc. v. Goldenberg

Filing 58

ORDER granting 57 STIPULATION to Continue May 9, 2014 CMC filed by Tagged, Inc.. Further Case Management Conference reset for 6/6/2014 08:30 AM in Courtroom 6, 17th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 5/5/2014. (beS, COURT STAFF) (Filed on 5/6/2014)

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1 J. Noah Hagey, Esq. (SBN: 262331) hagey@braunhagey.com 2 Greg A. Call, Esq. (SBN: 227588) call@braunhagey.com 3 Alfredo W. Amoedo, Esq. (SBN: 287901) amoedo@braunhagey.com 4 BRAUNHAGEY & BORDEN LLP 220 Sansome Street, 2nd Floor 5 San Francisco, CA 94104 Telephone: (415) 599-0210 6 Facsimile: (415) 276-1808 7 ATTORNEYS FOR PLAINTIFF TAGGED, INC. 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 TAGGED, INC., a Delaware corporation, Case No. C 13-02256 CRB 14 ORDER AND JOINT REQUEST TO CONTINUE MAY 9, 2014 CASE MANAGEMENT CONFERENCE 15 16 17 18 19 ) ) PLAINTIFF, ) ) v. ) ) ROSTISLAV “ROSS” GOLDENBERG, ) MUNDO MEDIA, LTD., and Does 1 through 50 ) and 52 through 200 as alter egos, affiliate ) spammers, programs, and fraudulently marketed ) websites, ) ) DEFENDANTS. ) ) Dep’t: Before: Courtroom 6, 17th Floor Hon. Charles R. Breyer Compl. Filed: Amd. Compl.: 2nd Amd. Compl.: Trial Date: May 16, 2013 December 10, 2013 April 16, 2014 None 20 21 22 WHEREAS, on May 16, 2013, Plaintiff Tagged, Inc. (“Plaintiff”) filed the Complaint 23 initiating this action and asserting various claims against Defendant Rostislav Goldenberg 24 (“Goldenberg”) including: (1) Violation of CAN-SPAM, 15 U.S.C. § 7701, et seq.; (2) Violation of 25 CFAA, 18 U.S.C. § 1030; (3) Violation of Cal. Bus. & Prof. Code § 17529.5; (4) Violation of Cal. 26 Penal Code § 502; (5) Fraud; and (6) Violation of Cal. Bus. & Prof. Code § 17200; 27 28 Case No. C 13-02256 CRB [PROPOSED] ORDER AND JOINT REQUEST TO CONTINUE MAY 9, 2014 CASE MANAGEMENT CONFERENCE 1 WHEREAS, on December 10, 2013, Plaintiff filed the First Amended Complaint, 2 substituting for one of the named affiliate program Doe Defendants Mundo Media, Ltd. (“Mundo 3 Media”), and asserting the same claims as those identified above; 4 WHEREAS, on April 16, 2014, Plaintiff filed the Second Amended Complaint, substituting 5 for one of the Doe Defendants DG International, Ltd. (“DG”), and asserting the same claims as 6 those identified above; 7 WHEREAS, Mundo Media has yet to make an appearance in this action; 8 WHEREAS, Plaintiff is in the process of serving DG; 9 WHEREAS, Plaintiff and Goldenberg have entered into a settlement agreement whereby 10 Goldenberg has covenanted that he will refrain from accessing Tagged’s website and systems, will 11 refrain from engaging in any spamming activity as alleged in the complaints, and will assist Tagged 12 in its investigation of the spamming attacks; 13 WHEREAS, Plaintiff has dismissed Goldenberg in his individual capacity without 14 prejudice; and 15 WHEREAS, Plaintiff and Mundo Media are engaged in confidential settlement 16 negotiations, and Plaintiff believes that in order to effectuate those negotiations, avoid unnecessary 17 costs and fees, and preserve judicial resources, the Case Management Conference currently 18 scheduled for May 9, 2014, should be postponed by at least 30 days, to June 9, 2014, or as soon 19 thereafter as is convenient for the Court. 20 NOW THEREFORE, Plaintiff and Mundo Media respectfully request for the same 21 foregoing reasons and pursuant to the Court’s Standing Order No. 4, the Case Management 22 Conference currently scheduled for May 9, 2014 be continued 30 days, until June 5, 2014, or any 23 time thereafter subject to the convenience of the Court. 24 // 25 // 26 // 27 // 28 // 2 Case No. C 13-02256 CRB [PROPOSED] ORDER AND JOINT REQUEST TO CONTINUE MAY 9, 2014 CASE MANAGEMENT CONFERENCE 1 Dated: May 6, 2014 Respectfully Submitted, 2 BRAUNHAGEY & BORDEN LLP 3 By: 4 5 /s/ J. Noah Hagey J. Noah Hagey Attorneys for Plaintiff Tagged, Inc. 6 7 Dated: May 6, 2014 MORGAN, LEWIS & BOCKIUS LLP 8 9 10 11 By: /s/ Brian M. Jazaeri Brian M. Jazaeri Attorneys for Defendant Mundo Media, Ltd. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Case No. C 13-02256 CRB [PROPOSED] ORDER AND JOINT REQUEST TO CONTINUE MAY 9, 2014 CASE MANAGEMENT CONFERENCE FILER’S ATTESTATION 1 2 Pursuant to Local Rule 5-1(i)(3), counsel for Plaintiff Tagged, Inc. attests that concurrence 3 in the filing of this document has been obtained from Brian M. Jazaeri, counsel for Defendant 4 Mundo Media. 5 6 Dated: May 6, 2014 BRAUNHAGEY & BORDEN LLP 7 8 By: /s/ J. Noah Hagey J. Noah Hagey 9 Attorneys for Plaintiff Tagged, Inc. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Case No. C 13-02256 CRB [PROPOSED] ORDER AND JOINT REQUEST TO CONTINUE MAY 9, 2014 CASE MANAGEMENT CONFERENCE ORDER 1 2 The Court has considered the joint stipulation of the parties and finds good cause exists to 3 postpone the Case Management Conference currently scheduled for May 9, 2014 to June 6, 2014. IT IS SO ORDERED. RT 10 harle Judge C ER 12 A H 11 yer s R. Bre NO 9 IT R NIA 8 Charles R. Breyer ERED United StatesSO ORD IS District Judge FO 7 UNIT ED 6 Dated: May 5, 2014 RT U O S 5 S DISTRICT TE C TA LI 4 N F D IS T IC T O R C 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Case No. C 13-02256 CRB [PROPOSED] ORDER AND JOINT REQUEST TO CONTINUE MAY 9, 2014 CASE MANAGEMENT CONFERENCE

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