Pixels.com, LLC v. Instagram, LLC

Filing 20

Order by Hon. Vince Chhabria granting 18 Stipulation to Extend Time to Respond to Complaint and Set Modified Briefing Schedule.(knm, COURT STAFF) (Filed on 8/28/2015)

1 VIJAY K. TOKE (CA Bar No. 215079)
([e-mail])
2 MATTHEW S. SLEVIN (CA Bar No. 287968)
([e-mail])
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COBALT LLP
4 918 Parker Street, Bldg. A21
Berkeley, CA 94710
5 Telephone: [phone]
Facsimile: [phone]
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7 JOEL T. BERES (CA Bar No. 125890)
([e-mail])
8 AMY CAHILL (admitted pro hac vice)
([e-mail])
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STITES & HARBISON PLLC
10 400 West Market Street, Suite 1800
Louisville, KY 40202-3352
11 Telephone:
[phone]
Facsimile:
[phone]
12
13 MARI-ELISE TAUBE (admitted pro hac vice)
([e-mail])
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STITES & HARBISON PLLC
15 1199 North Fairfax St., Suite 900
Alexandria, VA 22314
16 Telephone:
[phone]
Facsimile:
[phone]
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Attorneys for Plaintiff
18 PIXELS.COM, LLC
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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PIXELS.COM, LLC, an Illinois limited liability
22 company,
Plaintiff,

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v.

25 INSTAGRAM, LLC, a Delaware limited liability
company,
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Defendant.
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Case No.: 3:15-cv-03610-VC
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO
RESPOND TO COMPLAINT AND SET
MODIFIED BRIEFING SCHEDULE

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT AND SET
MODIFIED BRIEFING SCHEDULE

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Pursuant to Civil Local Rule 6-1(a), Plaintiff Pixels.com, LLC (“Plaintiff”) and Defendant

2 Instagram, LLC (“Defendant”) and, by and through their respective counsel of record, hereby
3 stipulate as follows:
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WHEREAS, Plaintiff served its Complaint for declaratory relief and antitrust violations

5 (“Complaint”) on August 11, 2015;
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WHEREAS, Defendant currently has until September 1, 2015 to respond to the Complaint;

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WHEREAS, Defendant has requested and Plaintiff has consented to an additional 20 days

8 for Defendant to respond to the Complaint;
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WHEREAS, the Parties believe an additional 20 days for Defendant’s response to the

10 Complaint will not alter the date of any event or any deadline already fixed by Court order;
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WHEREAS, this is the first extension of Defendant’s deadline to respond to the Complaint

12 by the Parties;
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WHEREAS, Defendant has indicated it is considering whether to file a response to the

14 complaint that will require a response from Plaintiff;
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WHEREAS, due to pre-planned travel schedules for Plaintiff’s counsel, the Parties have

16 agreed to a modified briefing and hearing schedule for any such submission filed by Defendant;
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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, through

18 their respective counsel, that:
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(1)

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Defendant shall answer or otherwise respond to the Complaint by September 21,
2015.

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(2)

If Defendant files a pleading other than an Answer, requiring a response from

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Plaintiff:

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a. Plaintiff shall have up to and including October 12, 2015 to file a response to

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such submission.

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b. Defendant will have up to and including October 19, 2015 to file a reply brief if

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it chooses to do so.

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT AND SET
MODIFIED BRIEFING SCHEDULE

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c. The hearing on such submission shall be heard on November 5, 2015 or such

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other date thereafter as the Court sets based on its schedule and convenience.

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IT IS SO STIPULATED.

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Dated: August 26, 2015

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COBALT LLP
By:
/s/ Vijay K. Toke____________
Vijay K. Toke

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STITES & HARBISON PLLC

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By:
/s/ Amy Cahill____________
Amy Cahill (admitted pro hac vice)
Joel T. Beres
Mari-Elise Taube (admitted pro hac vice)

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Attorneys for Plaintiff,
PIXELS.COM, LLC

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Dated: August 26, 2015

KILPATRICK TOWNSEND & STOCKTON LLP

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By:
/s/ James G. Gilliland, Jr. ____________
James G. Gilliland, Jr.

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Attorneys for Defendant,
INSTAGRAM, LLC

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Defendant may have until September 21, 2015 to answer Plaintiff’s complaint. If Defendant
files a pleading other than an Answer, requiring a response from Plaintiff, Plaintiff’s opposition is
due on October 12, 2015 and Defendant’s reply to the opposition is due on October 19, 2015. The
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hearing on such a submission shall be held on November 5, 2015.
Dated: August 28, 2015

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Hon. Vince Chhabria

27

UNITED STATES DISTRICT JUDGE

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3
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT AND SET
MODIFIED BRIEFING SCHEDULE

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ATTESTATION OF CONCURRENCE
I, Vijay K. Toke, attest that I am one of the attorneys for Plaintiff Pixels.com, LLC, an

3 Illinois limited liability company, and, as the ECF user and filer of this document, I attest that,
4 pursuant to United States District Court, Northern District of California Civil L.R. 5-1(i)(3),
5 concurrence in the filing of this document has been obtained from James Gilliland, the above
6 signatory.
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Dated: August 26, 2015

By:

/s/ Vijay K. Toke
Vijay K. Toke

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT AND SET
MODIFIED BRIEFING SCHEDULE