Tagged, Inc. v. Goldenberg
Filing
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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)
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.
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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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13 TAGGED, INC., a Delaware corporation,
Case No. C 13-02256 CRB
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ORDER AND JOINT REQUEST TO
CONTINUE MAY 9, 2014 CASE
MANAGEMENT CONFERENCE
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PLAINTIFF,
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v.
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ROSTISLAV “ROSS” GOLDENBERG,
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MUNDO MEDIA, LTD., and Does 1 through 50 )
and 52 through 200 as alter egos, affiliate
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spammers, programs, and fraudulently marketed )
websites,
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DEFENDANTS.
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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
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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;
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Case No. C 13-02256 CRB
[PROPOSED] ORDER AND JOINT REQUEST TO CONTINUE MAY 9, 2014
CASE MANAGEMENT CONFERENCE
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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;
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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;
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WHEREAS, Mundo Media has yet to make an appearance in this action;
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WHEREAS, Plaintiff is in the process of serving DG;
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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;
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WHEREAS, Plaintiff has dismissed Goldenberg in his individual capacity without
14 prejudice; and
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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.
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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.
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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,
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BRAUNHAGEY & BORDEN LLP
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By:
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/s/ J. Noah Hagey
J. Noah Hagey
Attorneys for Plaintiff Tagged, Inc.
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7 Dated: May 6, 2014
MORGAN, LEWIS & BOCKIUS LLP
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By:
/s/ Brian M. Jazaeri
Brian M. Jazaeri
Attorneys for Defendant Mundo Media, Ltd.
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Case No. C 13-02256 CRB
[PROPOSED] ORDER AND JOINT REQUEST TO CONTINUE MAY 9, 2014
CASE MANAGEMENT CONFERENCE
FILER’S ATTESTATION
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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.
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6 Dated: May 6, 2014
BRAUNHAGEY & BORDEN LLP
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By:
/s/ J. Noah Hagey
J. Noah Hagey
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Attorneys for Plaintiff Tagged, Inc.
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Case No. C 13-02256 CRB
[PROPOSED] ORDER AND JOINT REQUEST TO CONTINUE MAY 9, 2014
CASE MANAGEMENT CONFERENCE
ORDER
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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
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Charles R. Breyer
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United StatesSO ORD
IS District Judge
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6 Dated: May 5, 2014
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Case No. C 13-02256 CRB
[PROPOSED] ORDER AND JOINT REQUEST TO CONTINUE MAY 9, 2014
CASE MANAGEMENT CONFERENCE
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