Hagedorn v. Nest Labs, Inc.

Filing 37

STIPULATION AND ORDER re 36 STIPULATION Regarding Briefing Schedule on Jurisdictional Issues filed by Nest Labs, Inc. Briefs due by 7/10/2014. Motion Hearing set for 7/31/2014 10:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Vince Chhabria. Hearing re Motion to Dismiss vacated. Signed by Judge Vince Chhabria on 6/11/2014. (knm, COURT STAFF) (Filed on 6/11/2014)

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KEKER & VAN NEST LLP
BENEDICT Y. HUR - # 224018
[e-mail]
SIMONA A. AGNOLUCCI - # 246943
[e-mail]
633 Battery Street
San Francisco, CA 94111-1809
Telephone:
415 391 5400
Facsimile:
415 397 7188

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Attorneys for Defendant NEST LABS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THOMAS HAGEDORN, on behalf of
himself and all others similarly situated,
Plaintiff,

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Case No. 3:14-cv-00755-VC
JOINT STIPULATION REGARDING
BRIEFING SCHEDULE ON
JURISDICTIONAL ISSUES

v.
Judge:

Hon. Vince Chhabria

NEST LABS, INC.,
Complaint Filed: February 19, 2014
Defendant.

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JOINT STIPULATION REGARDING BRIEFING SCHEDULE ON JURISDICTIONAL ISSUES
Case No. 3:14-cv-00755-VC
832353.01

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Plaintiff Thomas Hagedorn (“Hagedorn”) and Defendant Nest Labs, Inc. (“Nest”), by and
through their counsel, hereby jointly stipulate as follows:
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WHEREAS the Court held a case management conference in this matter on May

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30 at 10:00 a.m. Following the conference, the Court ordered the parties to file a stipulation

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“regarding the contractual provision used in determining California law and choice of venue.”

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The Court further instructed the parties to include a briefing schedule on the question of

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jurisdiction, if necessary. The Court ordered the parties to note that the Motion to Dismiss

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noticed for hearing on July 10, 2014 is vacated, the briefing on that motion is stayed, and the

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hearing may be rescheduled at a later date.

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2.

The parties are unaware of any California choice of law provision that applies

conclusively to the purchase of Mr. Hagedorn’s Nest thermostat.
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The parties further stipulate and agree that they shall submit simultaneous briefs

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on the question of jurisdiction to the Court no later than July 10, 2014, and that the matter shall be

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heard on July 31 at 10:00 a.m., or at another time that is convenient for the Court;

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4.

The parties further stipulate and agree that the Motion to Dismiss noticed for

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hearing on July 10, 2014 is vacated and may be rescheduled at a later date, and that the briefing

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on that motion is stayed. The parties also agree to meet and confer regarding any impact this

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stipulation may have on other case deadlines.

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IT IS SO STIPULATED.

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Dated: June 9, 2014

KEKER & VAN NEST LLP

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By:

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/s/ Simona A. Agnolucci
BENEDICT Y. HUR
SIMONA A. AGNOLUCCI
Attorneys for Defendant
NEST LABS, INC.

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JOINT STIPULATION REGARDING BRIEFING SCHEDULE ON JURISDICTIONAL ISSUES
Case No. 3:14-cv-00755-VC
832353.01

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Dated: June 9, 2014

WILLIAMS DIRKS DAMERON LLC

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By:

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Attorneys for Plaintiff
THOMAS HAGEDORN

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/s/ Eric L. Dirks
ERIC L. DIRKS

ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, I attest that concurrence in the
filing of this document has been obtained from the other signatories.

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Dated: June 9, 2014

/s/ Simona A. Agnolucci
Simona A. Agnolucci

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, THE COURT ORDERS AS FOLLOWS:

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1.

later than July 10, 2014.

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2.

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The question of the Court’s jurisdiction over this matter will be heard on July
31, 2014 at 10:00 a.m.

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The parties shall submit simultaneous briefs on the question of jurisdiction no

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The Motion to Dismiss noticed for hearing on July 10, 2014 is vacated and may
be rescheduled at a later date, and the briefing on that motion is stayed.

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June 11, 2014
Dated: _________________________

_________________________________
Honorable Vince Chhabria
Judge, United States District Court

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JOINT STIPULATION REGARDING BRIEFING SCHEDULE ON JURISDICTIONAL ISSUES
Case No. 3:14-cv-00755-VC
832353.01