Google Inc. v. Eolas Technologies Incorporated et al

Filing 63

STIPULATION AND ORDER re 61 STIPULATION WITH PROPOSED ORDER MOVING APRIL 21, 2016 CASE MANAGEMENT CONFERENCE AND HEARING ON EOLAS'S MOTION TO DISMISS TO NEW DATE filed by Google Inc. Initial Case Management Conference set for 6/16/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on April 15, 2016. (wsn, COURT STAFF) (Filed on 4/15/2016)

QUINN EMANUEL URQUHART &
1 SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No.
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170151)
David A. Perlson (Cal. Bar No. 209502)
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Michael D. Powell (Cal. Bar No. 202850)
Derek J. Tang (Cal. Bar No. 4540514)
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Lindsay M. Cooper (Cal. Bar No. 287125)
Felipe Corredor (Cal. Bar No. 295692)
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[e-mail]
50 California Street, 22nd Floor
6 San Francisco, California 94111
[phone]
7 [phone] facsimile
8 Attorneys for Plaintiff Google Inc.
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Jennifer P. Estremera, SBN 251076
MCKOOL SMITH, P.C.
255 Shoreline Drive, Suite 510
Redwood Shores, California 94065
Tel: [phone]; Fax: [phone]
[e-mail]
John B. Campbell, TX SBN 24036314
(admitted Pro Hac Vice)
James E. Quigley, TX SBN 24075810
(admitted Pro Hac Vice)
MCKOOL SMITH, P.C.
300 West 6th Street, Suite 1700
Austin, Texas 78701
Tel. [phone]; Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
Eolas Technologies Incorporated

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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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GOOGLE INC.,

Case No. 3:15-cv-05446-JST

Plaintiff,

EOLAS TECHNOLOGIES
19 INCORPORATED,

JOINT STIPULATION AND
[PROPOSED] ORDER MOVING APRIL
21, 2016 CASE MANAGEMENT
CONFERENCE AND HEARING ON
EOLAS’S MOTION TO DISMISS TO
NEW DATE

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Judge: Hon. Jon S. Tigar

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v.

Defendant.

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-1JOINT STIPULATION AND [PROPOSED] ORDER

Case No. 3:15-cv-05446-JST

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Pursuant to Civil Local Rules 6-1, 6-2 and 7-12, Plaintiff Google Inc. (“Google”) and

2 Defendant Eolas Technologies Incorporated (“Eolas”), by and through their respective attorneys,
3 hereby submit the following Joint Stipulation, as follows:
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WHEREAS, on December 1, 2015, Google served its complaint upon Eolas;

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WHEREAS, on December 4, 2015, this Court set the Case Management Conference for

6 February 23, 2016;
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WHEREAS, on December 15, 2015, the parties filed a stipulation to extend the deadline

8 for Eolas to answer or otherwise respond to Google’s complaint to January 21, 2016;
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WHEREAS, on January 5, 2016, this Court granted the parties’ stipulation;

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WHEREAS, on January 20, 2016, Google filed a first amended complaint;

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WHEREAS, on January 25, 2016, this Court reset the Case Management Conference for

12 February 24, 2016;
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WHEREAS, on February 8, 2016, Eolas filed a motion to dismiss Google’s complaint,

14 scheduled for hearing by this Court on April 21, 2016;
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WHEREAS, on February 8, 2016, Eolas filed an administrative motion for relief from the

16 notice and order setting initial Case Management Conference, for continuance of the Case
17 Management Conference, and to stay any discovery;
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WHEREAS, on February 17, 2016, this Court granted in part and denied in part Eolas’s

19 administrative motion, resetting the Case Management Conference for April 21, 2016;
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WHEREAS, on February 22, 2016, the parties jointly moved the Court to extend the time

21 for Google to file its opposition to Eolas’s Motion to Dismiss Google’s Complaint to March 4,
22 2016, and for Eolas to file its reply to Google’s opposition to March 14, 2016, and the Court
23 granted the parties’ motion;
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WHEREAS, on March 7, 2016, the parties jointly moved the Court to extend the time for

25 Eolas to file its reply to Google’s opposition to Eolas’s Motion to Dismiss Google’s Complaint to
26 March 17, 2016, and the Court granted the parties’ motion;
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-2JOINT STIPULATION AND [PROPOSED] ORDER

Case No. 3:15-cv-05446-JST

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WHEREAS, on April 11, 2016, the parties jointly moved the Court to move the initial

2 Case Management Conference, currently set for April 21, 2016, to May 26, 2016, but
3 inadvertently omitted an explicit request to move the hearing on Eolas’ Motion to Dismiss. The
4 Court denied the parties’ motion without prejudice to refile to address the Motion to Dismiss
5 hearing as well;
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WHEREAS, the Parties have conferred and agreed to move the initial Case Management

7 Conference and the hearing on Eolas’s Motion to Dismiss, both currently set for April 21, 2016, to
8 the next available hearing date on which both parties are available, which the parties believe is
9 June 16, 2016;
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WHEREAS, no other deadlines will be affected;

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NOW THEREFORE IT IS HEREBY STIPULATED AND THE PARTIES JOINTLY

12 REQUEST that the initial Case Management Conference and the hearing on Eolas’s Motion to
13 Dismiss, both currently set for April 21, 2016, be reset for June 16, 2016.
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15 DATED: April 15, 2016

Respectfully submitted,

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QUINN EMANUEL URQUHART & SULLIVAN, LLP

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By /s David A. Perlson
David A. Perlson
Attorneys for Google Inc.

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McKOOL SMITH HENNIGAN, P.C.

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By /s James E. Quigley
James E. Quigley
Attorneys for Eolas Technologies Incorporated

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-3JOINT STIPULATION AND [PROPOSED] ORDER

Case No. 3:15-cv-05446-JST

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SIGNATURE ATTESTATION
I, David A. Perlson, am the ECF user whose userid and password authorized the filing

3 of this document. Under Civil L.R. 5-1(i)(3), I attest that James E. Quigley has concurred in
4 this filing.
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DATED: April 15, 2016

/s/ David A. Perlson
David A. Perlson

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[PROPOSED] ORDER

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Plaintiff Google Inc. and Defendant Eolas Technologies Incorporated have stipulated to

13 reset the initial Case Management Conference and the hearing on Eolas’s Motion to Dismiss, both
14 currently set for April 21, 2016, to June 16, 2016.
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The parties’ joint stipulation is GRANTED. The initial Case Management Conference and

16 the hearing on Eolas’s Motion to Dismiss, both currently set for April 21, 2016, are hereby reset
17 for June 16, 2016.
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PURSUANT TO THE PARTIES’ STIPULATION, IT IS SO ORDERED.

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April 15
DATED: ___________________, 2016

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Honorable Jon S. Tigar
United States District Judge

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-4JOINT STIPULATION AND [PROPOSED] ORDER

Case No. 3:15-cv-05446-JST