Shenzhenshi Haitiecheng Science and Technology Co., Ltd. v. Rearden LLC et al

Filing 217

STIPULATION AND ORDER re 212 STIPULATION WITH PROPOSED ORDER re 208 MOTION TO MODIFY PRELIMINARY INJUNCTION ORDER, 206 MOTION to Stay or Modification of Preliminary Injunction (Dkt. 188) Pending Appeal filed by Virtue Global Holdings Limited, Shenzhenshi Haitiecheng Science and Technology Co., Ltd. Signed by Judge Jon S. Tigar on June 30, 2016. (wsnS, COURT STAFF) (Filed on 6/30/2016)

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JEFFREY T. MAKOFF (Bar No. 120004)
VALLE MAKOFF LLP
388 Market Street, Suite 1300
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
TIMOTHY A. MILLER (Bar No. 154744)
VALLE MAKOFF LLP
255 Shoreline Drive, Suite 550
Redwood City, California 94065
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Non-Party
DIGITAL DOMAIN 3.0, INC.
KILPATRICK TOWNSEND & STOCKTON LLP
Jon Michaelson (Bar No. 83815)
[e-mail]
Scott Kolassa (Bar No. 294732)
[e-mail]
Frances B. Cox (Bar No. 133696)
[e-mail]
1080 Marsh Road
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]

KERR & WAGSTAFFE LLP
James M. Wagstaffe (Bar No. 95535)
[e-mail]
Frank Busch (Bar No. 258288)
[e-mail]
101 Mission Street, 18th Floor
San Francisco, CA 94105–1727
Telephone: [phone]
Facsimile: [phone]
TURNER BOYD LLP
Karen I. Boyd (Bar No. 189808)
[e-mail]
Jennifer Seraphine (Bar No. 245463)
[e-mail]
Zhuanjia Gu (Bar No. 244863)
[e-mail]
702 Marshall Street, Suite 640
Redwood City, CA 94063
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
REARDEN, LLC, REARDEN MOVA,
LLC, MO2, LLC, MOVA, LLC

KILPATRICK TOWNSEND & STOCKTON LLP
Holly Gaudreau (Bar No. 209114)
[e-mail]
Darius C. Samerotte (Bar No. 296252)
[e-mail]
Two Embarcadero Center, Suite 1900
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415 576 0300
Attorneys for Plaintiff and Counterclaim
Defendant VIRTUE GLOBAL HOLDINGS
LIMITED and Counterclaim Defendant
SHENZHENSHI HAITIECHENG SCIENCE
AND TECHNOLOGY CO., LTD.

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STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR HEARING AND BRIEFING
DATES; CASE NO. 3:15-cv-00797-JST

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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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VIRTUAL GLOBAL HOLDINGS LIMITED, a
business company incorporated in the British
Virgin Islands,
Plaintiff,

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v.
REARDEN, LLC, a California Limited Liability
Company; REARDEN MOVA, LLC, a
California Limited Liability Company; MO2,
LLC, a California Limited Liability Company;
and MOVA, LLC, a California Limited Liability
Company,

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STIPULATION TO SHORTEN TIME
ON PENDING DIGITAL DOMAIN 3.0,
INC.’S MOTION TO MODIFY
PRELIMINARY INJUNCTION ORDER
(DKT. 208) AND COUNTER CLAIM
DEFENDANTS’ MOTION FOR STAY
OR MODIFICATION OF
PRELIMINARY INJUNCTION
PENDING APPEAL (DKT. 206), AND
[PROPOSED] ORDER
Current Hearing Date: August 4, 2016

Defendants.
_____________________________________

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Case No. 3:15-cv-00797-JST

AND RELATED COUNTERCLAIMS.

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______________________________________________________
STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR HEARING AND BRIEFING
DATES; CASE NO. 3:15-cv-00797-JST

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Plaintiffs and Counterclaim Defendants Virtue Global Holdings Limited (“VGH”) and

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Shenzhenshi Haitiecheng Science and Technology Co. Ltd. (“SHST”), Defendants Rearden,

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LLC, Rearden Mova, LLC, MO2, LLC, and Mova, LLC (collectively “Rearden”), and Non-

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Party Digital Domain 3.0, Inc. (“DD3”), by and through their counsel of record, stipulate and

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agree:

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WHEREAS, on May 6, 2016, Rearden filed a Motion for Entry of Default Judgment

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Against Shenzhenshi Haitiecheng Science and Technology Co., Ltd. and for Preliminary

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Injunction Regarding the MOVA Assets (Dkt. 139); and

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WHEREAS, on June 17, 2016, the Court entered an Order Granting Motion for
Preliminary Injunction (the “Preliminary Injunction”) (Dkt. 188); and
WHEREAS, on June 21, 2016, VGH filed its Notice of Appeal of the Preliminary

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Injunction, which appeal is pending at the United States Court of Appeals for the Ninth Circuit

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(Case No. 16-16107); and

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WHEREAS, on June 27, 2016, VGH filed its Motion for Stay or Modification of
Preliminary Injunction Pending Appeal (the “VGH Motion”) (Dkt. 206); and
WHEREAS, on June 27, 2016, non-party DD3 specially-appeared and filed its Motion to
Modify Preliminary Injunction Order (the “DD3 Motion”) (Dkt. 208); and
WHEREAS, the parties to this action and non-party DD3 have met and conferred and

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agreed to a process for the management of MOVA assets pending the Court’s consideration of

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the VGH Motion and the DD3 Motion, as set forth below, subject to Court approval;

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IT IS HEREBY STIPULATED AND AGREED THAT:

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1.

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The briefing and hearing schedule on the VGH Motion and DD3 Motion shall be

shortened as follows:
a.

Rearden may file a joint opposition to the VGH Motion and the DD3

motion;
b.

All papers in opposition to the VGH Motion or DD3 Motion shall be filed

and served by 5:00 p.m. on July 1, 2016;

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STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR HEARING AND BRIEFING
DATES; CASE NO. 3:15-cv-00797-JST

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c.

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Any reply papers in further support of the VGH Motion or DD3 Motion

shall be filed and served by July 2, 2016; and

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d.

Subject to the availability of the Court, a hearing on the VGH Motion and

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the DD3 Motion shall be held on either July 6, 2016 or the morning of July 7, 2016,

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whichever is more convenient for the Court (or, if neither date is convenient for the

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Court, at the earliest date on which the Court will be willing to set the motion).

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2.

Within 24 hours of the Court’s approval of this stipulation, or at such later time as

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the parties have completed arrangements with the storage facility and any third-parties whose

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involvement is agreed to be required, such that access to MOVA Assets will be determined by

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further Court Order, and neither party shall have access to MOVA Assets absent such a further

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Order, DD3 shall transfer the physical MOVA Assets at issue in this action to a secure and

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insured storage facility located at a place separately agreed in writing by the parties (and omitted

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here for purposes of confidentiality). DD3 shall also suspend all data processing using the

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MOVA Assets pending further order of the Court on the VGH Motion, the DD3 Motion or

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otherwise.

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3.

If the Court has not issued a ruling on the VGH Motion and the DD3 Motion by

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July 20, 2016, or upon a material change of circumstances, any party may request that the Court

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grant interim relief pending the Court’s ruling in accordance with applicable law.

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4.

By entering into this stipulation and proposed order, non-party DD3 does not

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submit to the Court’s general jurisdiction nor admit that the Court’s preliminary injunction order

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is enforceable or lawfully-enforced against DD3 absent a hearing on the merits of DD3’s

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Motion.

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5.

By entering into this stipulation and proposed order, Rearden does not agree that

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VGH, SHST, and DD3 are in compliance with the Preliminary Injunction during the pendency of

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STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR HEARING AND BRIEFING
DATES; CASE NO. 3:15-cv-00797-JST

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the VGH Motion, DD3 Motion, and appeal.
Dated: June 30, 2016.

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VALLE MAKOFF LLP
By:___/s/________________________
JEFFREY T. MAKOFF
Attorneys for Non-Party
DIGITAL DOMAIN 3.0, INC.

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Dated: June 30, 2016

KILPATRICK TOWNSEND & STOCKTON LLP

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By:___/s/________________________
JON MICHAELSON
Attorneys for Plaintiff and Counterclaim Defendant
VIRTUE GLOBAL HOLDINGS LIMITED and
Counterclaim Defendant SHENZHENSHI
HAITIECHENG SCIENCE AND TECHNOLOGY
CO., LTD.

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Dated: June 30, 2016

TURNER BOYD LLP

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By:___/s/________________________
KAREN I. BOYD
Attorneys for Defendants REARDEN, LLC,
REARDEN MOVA, LLC, MO2, LLC, and
MOVA, LLC

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STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR HEARING AND BRIEFING
DATES; CASE NO. 3:15-cv-00797-JST

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[PROPOSED] ORDER

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Pursuant to stipulation, and good cause appearing therefor, IT IS HEREBY ORDERED
THAT:
1.

Hearings will be held on Non-Party Digital Domain 3.0, Inc.’s Motion to Modify

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Preliminary Injunction Order (Dkt. 208) (the “DD3 Motion”), and Plaintiff Virtue Global

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Holdings Limited and Counterclaim Defendants VGH and Shenzhenshi Haitiecheng Science and

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Technology Co. Ltd.’s Motion for Stay or Modification of Preliminary Injunction Pending

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Appeal (Dkt. 206) (the “SHST/VGH Motion”) on July ___, 2016 at __:__ AM at the Oakland

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federal courthouse at 1301 Clay St.

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2.

Any papers in opposition to the SHST/VGH Motion or the DD3 Motion shall be

filed and served by 5:00 p.m. on July 1, 2016.
3.

Any reply papers in further support of the SHST/VGH Motion or DD3 Motion

shall be filed and served on or before July 2, 2016.
4.

Within 24 hours of the Court’s approval of this stipulation, or at such later time

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as the parties have completed arrangements with the storage facility and any third-parties whose

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involvement is agreed to be required, such that access to MOVA Assets will be determined by

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further Court Order, and neither party shall have access to MOVA Assets absent such a further

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Order, DD3 shall transfer the MOVA Assets at issue in this action to a secure and insured

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storage facility and located at a place separately agreed in writing by the parties (and omitted

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here for purposes of confidentiality). DD3 shall also suspend all data processing using the

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MOVA Assets pending further order of the Court on the VGH Motion, the DD3 Motion or

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otherwise.

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5.

If the Court has not issued a ruling on the SHST/VGH Motion and the DD3

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Motion by July 20, 2016, or upon a material change of circumstances, any party may request that

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the Court grant interim relief pending the Court’s ruling in accordance with applicable law.

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IT IS SO ORDERED.

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June 30
Dated: _____________, 2016.

_________________________________
HONORABLE JON S. TIGAR
______________________________________________________

STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR HEARING AND BRIEFING
DATES; CASE NO. 3:15-cv-00797-JST

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ATTESTATION REGARDING SIGNATURES

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Pursuant to Local Rule 5-1(i)(3) regarding signatures, I attest under penalty of perjury

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that I have on file permission to sign for Non-Party Digital Domain 3.0, Inc.’s counsel and

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Defendants’ counsel indicated by a conformed signature within this e-filed document.

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___/s/________________________
JON MICHAELSON

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STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR HEARING AND BRIEFING
DATES; CASE NO. 3:15-cv-00797-JST