Pinterest, Inc. v. Pintrips, Inc.

Filing 79

ORDER REGARDING 75 STIPULATION WITH PROPOSED ORDER. Discovery Hearing set for 9/4/2014 re 73 MOTION for Protective Order, 57 MOTION for Letter of Request, and 72 Discovery Letter Brief. Signed by Judge Kandis A. Westmore on 08/29/14. (kawlc2S, COURT STAFF) (Filed on 8/29/2014)

1
2
3
4
5
6
7

HARVEY SISKIND LLP
LAWRENCE J. SISKIND (SBN 85628)
Email: [e-mail]
DONALD A. THOMPSON (SBN 260076)
Email: [e-mail]
Four Embarcadero Center, 39th Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
PINTEREST, INC.

8
9
10

IN THE UNITED STATES DISTRICT COURT

11

FOR THE NORTHERN DISTRICT OF CALIFORNIA

12
13

Case No. CV 13-04608-RS-KAW
PINTEREST, INC.,
a Delaware corporation,

14
Plaintiff,

15
16
17

v.
PINTRIPS, INC.,
a Delaware corporation,

STIPULATED REQUEST TO HEAR
MOTION FOR PROTECTIVE ORDER,
MOTION FOR SANCTIONS, AND JOINT
LETTER ON DESIGNATED HOUSE
COUNSEL, ON SHORTENED TIME
[PROPOSED] ORDER

18
19
20

Defendant.
AND RELATED COUNTERCLAIMS

21
22
23
24
25
26
27
28
STIPULATED REQUEST FOR ORDER SHORTENING TIME

CASE NO. CV 13-04608-RS-KAW

1

Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Pinterest, Inc. (“Pinterest” or “Plaintiff”)

2

and Defendant Pintrips, Inc. (“Pintrips” or “Defendant”), through this Stipulated Request to Hear

3

Motion for Protective Order, Motion for Sanctions, and Joint Letter on Designated House Counsel,

4

on Shortened Time (“Stipulation”), agree as follows:

5

1.

Pinterest has noticed a motion pursuant to Rule 28(b) of the Federal Rules of Civil

6

Procedure to issue a Letter of Request for the examination of Mr. Paul Addy by deposition under

7

Article I of the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial

8

Matters. That motion has been set for hearing in this Court at 11:00 am on September 4, 2014. (Dkt.

9

#62)

10

2.

Pintrips has noticed a motion for a Protective Order prescribing the manner by which

11

Pinterest may take discovery from certain non-parties as ordered by this Court on August 7, 2014.

12

That motion has been set for hearing in this Court at 11:00 am on October 2, 2014. (Dkt. ## 68 and

13

73) In response to Pintrips’ motion, Pinterest is today filing an Opposition, and a motion for

14

sanctions.

15

accordingly, if the Court grants the parties’ request herein for shortened time, Pintrips requests

16

Tuesday, September 2 (September 1 being Labor Day) as the date by which to file a Reply to

17

Pinterest’s Opposition, and an Opposition to the motion for sanctions.

18
19
20
21
22

3.

Pintrips has not yet seen Pinterest’s Opposition, or the motion for sanctions, and

The parties have filed a Joint Letter concerning the designation by Pinterest of

Anthony Falzone as Designated House Counsel. (Dkt. # 72)
4.

Under the Court’s Case Management Scheduling Order, non-expert discovery is to

conclude on or before October 3, 2014. (Dkt. # 42)
5.

The above referenced motions and Joint Letter all involve disputes over non-expert

23

discovery which the parties hope to resolve as expeditiously as possible, to allow compliance with the

24

Court’s Case Management Scheduling Order. Accordingly, they have stipulated that along with

25

Pinterest’s motion to issue a Letter of Request for the examination of Mr. Paul Addy, which is

26

already scheduled to be heard at 11:00 am on September 4, 2014, Pintrips’ motion for a protective

27

order and Pinterest’s motion for sanctions should also be heard at that same time and date. The

28
-1STIPULATED REQUEST FOR ORDER SHORTENING TIME

CASE NO. CV 13-04608-RS-KAW

1

parties also request that the Court permit argument on the parties’ Joint Letter on the designation of

2

Anthony Falzone as Designated House Counsel at that same hearing.

3
4

6.

Neither party has previously requested or received a time modification in this case.

The time modification presently requested will not have any effect on the schedule for this case.

5
6

Dated: August 27, 2014

Respectfully submitted,

7
HARVEY SISKIND LLP
LAWRENCE J. SISKIND
DONALD A. THOMPSON

8
9
10

By: _________/s/_______________
Lawrence J. Siskind

11
12

Attorneys for Plaintiff
PINTEREST, INC.

13
14

Dated: August 27, 2014

KENYON & KENYON LLP

15
16
By: _________/s/_______________
Frank L. Bernstein

17
18

Attorneys for Defendant
PINTRIPS, INC.

19
20
21
22
23

I, Lawrence J. Siskind, am the ECF User whose identification and password are being used to
file this document. Pursuant to Civil Local Rule 5.1, I hereby attest that counsel for Defendant has
concurred in this filing.

24
/s/

25
26

Lawrence J. Siskind

27
28
-2STIPULATED REQUEST FOR ORDER SHORTENING TIME

CASE NO. CV 13-04608-RS-KAW

1

PURSUANT TO STIPULATION, THE COURT HEREBY ORDERS AS FOLLOWS.

2

The Court will hear the following matters on September 4, 2014:

3

Pinterest's motion for a letter of request, Dkt. No. 57.

4

The parties' joint letter concerning Pinterest's designation of Anthony Falzone as designated

5

house counsel under the parties' stipulated protective order, Dkt. No. 72.

6

Pintrips' motion for a protective order, Dkt. No. 73.

7

Pinterest's motion for sanctions shall be re-noticed for hearing according to Civil Local Rule

8
9

7-2. See Civil L.R. 37-4. The Court will not hear the motion on shortened time.
Furthermore, the Court orders the parties to meet and confer to discuss creative solutions for

10

conducting the deposition at issue in Pinterest's motion for a letter of request. To the extent that

11

Pintrips is concerned about the costs of defending such a deposition, the parties shall discuss whether

12

expenses may be minimized by using available technology.

13

IT IS SO ORDERED.

14
15
16
17
18

August 29
Dated: ___________, 2014

_______________________________________________
THE HONORABLE KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

19
20
21
22
23
24
25
26
27
28
-3STIPULATED REQUEST FOR ORDER SHORTENING TIME

CASE NO. CV 13-04608-RS-KAW