Google Inc. v. Eolas Technologies Incorporated et al

Filing 85

STIPULATION AND ORDER re 84 STIPULATION WITH PROPOSED ORDER re 83 Order> filed by Eolas Technologies Incorporated. Signed by Judge Jon S. Tigar on January 3, 2017. (wsn, COURT STAFF) (Filed on 1/3/2017)

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1 2 3 Jennifer P. Estremera, SBN 251076 MCKOOL SMITH, P.C. 255 Shoreline Drive, Suite 510 Redwood Shores, California 94065 Tel: (650) 394-1414; Fax: (650) 394-1422 jestremera@mckoolsmith.com 4 5 6 7 8 9 10 John B. Campbell, TX SBN 24036314 (admitted Pro Hac Vice) James E. Quigley, TX SBN 24075810 (admitted Pro Hac Vice) Jennifer Van Dusen TX SBN 24087087 (admitted Pro Hac Vice) MCKOOL SMITH, P.C. 300 West 6th Street, Suite 1700 Austin, Texas 78701 Tel. (512) 692-8700; Fax: (512) 692-8744 jcampbell@mckoolsmith.com jquigley@mckoolsmith.com jvandusen@mckoolsmith.com QUINN EMANUEL URQUHART & SULLIVAN, LLP Charles K. Verhoeven (Cal. Bar No. 170151) David A. Perlson (Cal. Bar No. 209502) Michael D. Powell (Cal. Bar No. 202850) Derek J. Tang (Cal. Bar No. 4540514) Lindsay M. Cooper (Cal. Bar No. 287125) Felipe Corredor (Cal. Bar No. 295692) qe-eolas@quinnemanuel.com 50 California Street, 22nd Floor San Francisco, California 94111 (415) 875-6600 (415) 875-6700 facsimile Attorneys for Plaintiff Google Inc. 11 MCKOOL SMITH, P.C. AUSTIN, TX 12 Attorneys for Defendant Eolas Technologies Incorporated 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 GOOGLE INC., 17 18 19 Plaintiff, v. EOLAS TECHNOLOGIES INCORPORATED, 20 Defendant. 21 ) ) ) ) ) ) ) ) ) ) ) Case No. 3:15-cv-05446-JST JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING HEARING Judge: Hon. Jon S. Tigar 22 23 24 25 26 27 28 CASE NO. 3:15-CV-05446-JST JOINT STIPULATION AND PROPOSED ORDER 1 Pursuant to Civil Local Rules 6-2 and 7-12, Defendant Eolas Technologies Incorporated 2 (“Eolas”) and Plaintiff Google Inc. (“Google”), by and through their respective attorneys, hereby 3 submit the following Joint Stipulation, as follows: 4 WHEREAS, on December 1, 2015, Google served its complaint upon Eolas; 5 WHEREAS, on December 4, 2015, this Court set the Case Management Conference for 6 7 8 February 23, 2016; WHEREAS, on December 15, 2015, the parties filed a stipulation to extend the deadline for Eolas to answer or otherwise respond to Google’s complaint to January 21, 2016; 9 WHEREAS, on January 5, 2016, this Court granted the parties’ stipulation; 10 WHEREAS, on January 20, 2016, Google filed a first amended complaint; 11 WHEREAS, on January 25, 2016, this Court reset the Case Management Conference for MCKOOL SMITH, P.C. AUSTIN, TX 12 13 14 15 February 24, 2016; WHEREAS, on February 8, 2016, Eolas filed a motion to dismiss Google’s complaint, scheduled for hearing by this Court on April 21, 2016; 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; 18 19 20 WHEREAS, on February 17, 2016, this Court granted in part and denied in part Eolas’s administrative motion, resetting the Case Management Conference for April 21, 2016; WHEREAS, on February 22, 2016, the parties jointly moved the Court to extend the time for 21 Google to file its opposition to Eolas’s Motion to Dismiss Google’s Complaint to March 4, 2016, 22 and for Eolas to file its reply to Google’s opposition to March 14, 2016, and the Court granted the 23 parties’ motion; 24 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; 27 28 WHEREAS, on April 11, 2016, the parties jointly moved the Court to move the initial Case Management Conference, currently set for April 21, 2016, to May 26, 2016, but inadvertently -1CASE NO. 3:15-CV-05446-JST JOINT STIPULATION AND PROPOSED ORDER 1 omitted an explicit request to move the hearing on Eolas’ Motion to Dismiss. The Court denied the 2 parties’ motion without prejudice to refile to address the Motion to Dismiss hearing as well; 3 WHEREAS, on April 14, 2016, the parties jointly moved the Court to move the initial Case 4 Management Conference and the hearing on Eolas’s Motion to Dismiss to June 16, 2016, and the 5 Court granted the parties’ motion; 6 WHEREAS, on June 16, 2016, the Court granted Eolas’s Motion to Dismiss with 7 modifications and ordered the parties to notify the Court upon receiving a ruling from the Texas 8 Court on Google’s Motion to Transfer Venue to the Northern District of California in Eolas 9 Technologies Incorporated v. Google Inc., Civil Action No. 6:15-cv-01039-RWS (E.D. Tex.) (the 10 11 MCKOOL SMITH, P.C. AUSTIN, TX 12 “Texas Case”); WHEREAS, on November 4, 2016, the parties jointly notified the Court that the Texas Court denied Google’s Motion to Transfer Venue to the Northern District of California in the Texas Case; 13 WHEREAS, on November 7, 2016, the Court issued an order setting a Case Management 14 Conference for January 18, 2017 on why the instant case should not be transferred to the Eastern 15 District of Texas under the first-to-file rule. 16 WHEREAS, on December 7, 2016, Google filed a petition for a writ of mandamus 17 challenging the denial of Google’s Motion to Transfer Venue to the Northern District of California 18 in the Texas Case; 19 WHEREAS, Google’s mandamus petition, which is now fully briefed, remains pending; 20 WHEREAS, the parties have conferred and agreed to request that the hearing currently set 21 for January 18, 2017 be extended to March 1, 2017; 22 WHEREAS, no other deadlines will be affected; 23 NOW THEREFORE, IT IS HEREBY STIPULATED AND THE PARTIES JOINTLY 24 REQUEST that the hearing date be extended to March 1, 2017. 25 26 27 28 -2CASE NO. 3:15-CV-05446-JST JOINT STIPULATION AND PROPOSED ORDER 1 DATED: December 30, 2016 Respectfully submitted, 2 MCKOOL SMITH, P.C. 3 By /s Jennifer Van Dusen Jennifer Van Dusen Attorneys for Eolas Technologies Incorporated 4 5 QUINN EMANUEL URQUHART & SULLIVAN, LLP 6 By /s David A. Perlson David A. Perlson Attorneys for Google Inc. 7 8 9 10 11 MCKOOL SMITH, P.C. AUSTIN, TX 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3CASE NO. 3:15-CV-05446-JST JOINT STIPULATION AND PROPOSED ORDER 1 SIGNATURE ATTESTATION 2 I, Jennifer Van Dusen, am the ECF user whose userid and password authorized the filing of 3 this document. Under Civil L.R. 5-1(i)(3), I attest that David A. Perlson has concurred in this filing. 4 DATED: December 30, 2016 /s/ Jennifer Van Dusen 5 6 7 8 [PROPOSED] ORDER 9 10 11 MCKOOL SMITH, P.C. AUSTIN, TX 12 13 Defendant Eolas Technologies Incorporated and Plaintiff Google Inc. have stipulated to request an extension of the hearing scheduled for January 18, 2017 until March 1, 2017. The requested extension is GRANTED. The hearing scheduled for January 18, 2017 has been rescheduled to March 1, 2017. 14 15 PURSUANT TO THE PARTIES’ STIPULATION, IT IS SO ORDERED. 16 17 January 3 DATED: ___________________, 2017 18 19 Honorable Jon S. Tigar United States District Judge 20 21 22 23 24 25 26 27 28 -4CASE NO. 3:15-CV-05446-JST JOINT STIPULATION AND PROPOSED ORDER

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