King.com Limited v. 6 Waves LLC

Filing 28

JOINT STIPULATION AND ORDER CONTINUING HEARING ON DEFENDANTS' FORUM NON CONVENIENS MOTION, MODIFYING BRIEFING SCHEDULE, AND CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Opposition due December 6, 2013; reply due January 3, 2014; Case Management Conference re-set for February 21, 2014. Signed by Judge Maxine M. Chesney on November 6, 2013. (mmclc2, COURT STAFF) (Filed on 11/6/2013)

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LAURENCE F. PULGRAM (CSB No. 115163)
[e-mail]
JENNIFER L. KELLY (CSB No. 193416)
[e-mail]
CLIFFORD C. WEBB (CSB No. 260885)
[e-mail]
FENWICK & WEST LLP
555 California Street
San Francisco, CA 94104
Telephone:
415.875.2300
Facsimile:
415.281.1350
Attorneys for Plaintiff
KING.COM LIMITED

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SAN FRANCISCO

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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DURIE TANGRI LLP
SONALI D. MAITRA (SBN 254896)
217 Leidesdorff Street
San Francisco, CA 94111
Telephone:
415.362-6666
Facsimile:
415-236-6300

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Attorneys for Defendants
6 WAVES LLC and SIX WAVES 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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KING.COM LIMITED,

Case No.: 13-cv-03977-MMC

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Plaintiff,

JOINT STIPULATION AND
[PROPOSED] ORDER CONTINUING
HEARING ON DEFENDANTS’
FORUM NON CONVENIENS MOTION,
MODIFYING BRIEFING SCHEDULE,
AND CONTINUING INITIAL CASE
MANAGEMENT CONFERENCE

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v.
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6 WAVES LLC, SIX WAVES INC, and
DOES 1-5,
Defendants.

Courtroom: 7, 19th floor
Hon. Maxine M. Chesney
Judge:

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JOINT STIP AND [PROPOSED] ORDER
CONTINUING HEARING, CMC, AND
MODIFYING BRIEFING SCHEDULE

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Case No. 13-cv-03977-MMC

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WHEREAS, on August 27, 2013, Plaintiff King.com Ltd. (“King”) filed a Complaint for
copyright infringement against Defendant 6waves LLC (“6waves”);

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WHEREAS, King served 6waves with that Complaint on September 4, 2013;

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WHEREAS, on September 23, 2013, King and 6waves stipulated to extend 6waves’s

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deadline to respond to that Complaint until October 25, 2013 (Dkt. 13);

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WHEREAS, on October 1, 2013, this Court set the initial case management conference in
this case for December 6, 2013 (Dkt.19);

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WHEREAS, on October 31, 2013, King filed a First Amended Complaint for copyright
infringement adding 6waves’ parent corporation Six Waves Inc. (“SWI”) as a defendant;

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WHEREAS, on November 1, 2013, SWI and 6waves (collectively, “Defendants”) filed a

SAN FRANCISCO

motion to dismiss on grounds of forum non conveniens, noticed for hearing on December 6, 2013

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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and supported by, inter alia, a 46-page declaration from Jacques deLisle and a 23-page

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declaration from Meph Jia Gui regarding the laws and legal systems of the People’s Republic of

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China;

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WHEREAS, under this Court’s local rules, King’s response to that motion would
normally be due on November 15, 2013;
WHEREAS, lead counsel for King, Jennifer Kelly, has jury duty from November 4 until
November 8, 2013, and a long-planned vacation scheduled to begin on November 13, 2013;
WHEREAS, Defendants’ lead counsel, Sonali Maitra, is scheduled to be out of the office

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for a vacation scheduled to begin on December 13, 2013, and Defendants’ counsel’s staff is

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largely unavailable the week of Christmas until New Years;

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WHEREAS, the parties believe that it would be the most efficient use of judicial resources

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to schedule the initial case management conference in this case after the date set for the hearing

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on Defendants’ motion;

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NOW THEREFORE, the parties hereby stipulate and respectfully request that:

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1.

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The hearing on Defendants’ motion to dismiss on the grounds of forum non

conveniens be continued until January 17, 2014;

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JOINT STIP AND [PROPOSED] ORDER
CONTINUING HEARING, CMC, AND
MODIFYING BRIEFING SCHEDULE

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Case No. 13-cv-03977-MMC

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2.

The deadline for King to file its opposition to that motion be extended until

December 6, 2013;

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3.

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January 3, 2014;

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4.

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2014; and

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5.

The deadline for Defendants to file their reply to that opposition be extended until

The initial case management conference in this case be continued until January 31,

The deadlines triggered by the initial case management conference are adjusted as

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follows: the deadline to meet and confer under Federal Rule of Civil Procedure 26(f) is set for

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January 17, 2014 and the deadline to submit a joint case management statement is set for
January 24, 2014.

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Dated:

November 5, 2013

FENWICK & WEST LLP

SAN FRANCISCO

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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By /s/ Jennifer L. Kelly
Jennifer L. Kelly

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Attorneys for Plaintiff
KING.COM LIMITED

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Dated:

November 5, 2013

DURIE TANGRI LLP

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By /s/ Sonali D. Maitra
Sonali D. Maitra

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Attorneys for Defendants
6 WAVES LLC and SIX WAVES INC.

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JOINT STIP AND [PROPOSED] ORDER
CONTINUING HEARING, CMC, AND
MODIFYING BRIEFING SCHEDULE

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Case No. 13-cv-03977-MMC

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[PROPOSED] ORDER
Pursuant to the above stipulation, and good cause appearing, IT IS HEREBY

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ORDERED that:

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1.

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conveniens is continued until January 17, 2014;
2.

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The hearing on Defendants’ motion to dismiss on the grounds of forum non

The deadline for King to file its opposition to that motion is extended until

December 6, 2013;

4.

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at 10:30 a.m.; and

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SAN FRANCISCO

January 3, 2014;

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ATTORNEYS AT LAW

3.

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F ENWICK & W EST LLP

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The deadline for Defendants to file their reply to that opposition is extended until

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February 21
The initial case management conference in this case is re-set for January 31, 2014

Deadlines triggered by the initial case management conference are adjusted as

follows: the deadline to meet and confer under Federal Rule of Civil Procedure 26(f) is set for
February 7
14 January 17, 2014 and the deadline to submit a joint case management statement is set for
February 14
15 January 24, 2014.
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Dated:

___________________, 2013
November 6

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The Hon. Maxine M. Chesney
United States District Court Judge

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JOINT STIP AND [PROPOSED] ORDER
CONTINUING HEARING, CMC, AND
MODIFYING BRIEFING SCHEDULE

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Case No. 13-cv-03977-MMC