Google Inc. v. Creative Labs, Inc., et al

Filing 27

STIPULATION AND ORDER re 26 STIPULATION WITH PROPOSED ORDER to Enlarge Time For Briefing and Move Hearing on Creative's Motions To Dismiss, Creative's Motion to Stay, and Case Management Conference to New Date filed by Google Inc. Signed by Judge Jon S. Tigar on September 21, 2016. (wsn, COURT STAFF) (Filed on 9/21/2016)

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1 2 3 4 5 6 7 Bijal V. Vakil (CA Bar No. 192878) bvakil@whitecase.com Allen Wang (CA Bar No. 278953) awang@whitecase.com WHITE & CASE LLP 3000 El Camino Real Five Palo Alto Square, 9th Floor Palo Alto, CA 94306-2109 Telephone: (650) 213-0300 Facsimile: (650) 213-8158 Jonathan D. Baker (CA Bar No. 196062) Michael D. Saunders (CA Bar No. 259692) Gurtej Singh (CA Bar No. 286547) FARNEY DANIELS PC 411 Borel Avenue, Suite 310 San Mateo, California 94402 Telephone: (424) 268-5200 Email: jbaker@farneydaniels.com msaunders@farneydaniels.com tsingh@farneydaniels.com Attorneys for Plaintiff Google Inc. Counsel for Defendants Creative Labs, Inc. and Creative Technology Ltd. 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 GOOGLE INC., Case No. 3:16-cv-02628-JST Plaintiff, 18 STIPULATED REQUEST AND [PROPOSED] ORDER TO ENLARGE TIME FOR BRIEFING AND MOVE HEARING ON CREATIVE’S MOTIONS TO DISMISS, CREATIVE’S MOTION TO STAY, AND CASE MANAGEMENT CONFERENCE TO NEW DATE 19 [Civil L.R. 6-1, 6-2, 7-12] 14 15 16 17 20 21 22 23 24 25 26 27 28 v. CREATIVE LABS, INC. and CREATIVE TECHNOLOGY LTD., Defendants. 1 Pursuant to Civil Local Rules 6-1, 6-2, and 7-12, Google Inc. (“Google”), Creative Labs, 2 Inc. and Creative Technologies Ltd. (collectively “Creative”), through their undersigned counsel, 3 hereby agree and stipulate as follows: 4 WHEREAS, on June 9, 2016, Google served its complaint upon Creative Labs, Inc.; 5 WHEREAS, on June 8, 2016, this Court set the Case Management Conference for August 6 7 8 9 10 11 24, 2016; WHEREAS, on June 29, 2016, the parties filed a stipulation to extend the deadline for Creative to respond to Google’s complaint to September 13, 2016; WHEREAS, on June 29, 2016, this Court granted the parties’ stipulation and rescheduled the Case Management Conference to September 28, 2016; WHEREAS, on September 13, 2016, Creative filed a Motion to Stay Proceedings, a 12 Motion to Dismiss Pursuant to Rule 12(b)(6), and a Motion to Dismiss Pursuant to Rule 12(b)(1) 13 (“Creative’s motions”), all for hearing by this Court on November 3, 2016; 14 15 16 17 18 WHEREAS, the parties seek to minimize the burdens on this Court by scheduling the Case Management Conference and the pending motions on the same date; WHEREAS, counsel for Google has a scheduling conflict with the current date of November 3, 2016 for hearing Creative’s motions; WHEREAS, Google’s oppositions to Creative’s motions are currently due September 27, 19 2016, and Creative’s replies in support of Creative’s motions are currently due 7 days later on 20 October 4, 2016; 21 WHEREAS, Pursuant to Civil L.R. 6-1, the parties have conferred and agree on 22 (1) extending the time for Google to oppose Creative’s motions by 13 days from September 27, 23 2016 to October 10, 2016; (2) extending the time for Creative to reply in support of Creative’s 24 motions by 10 days for a total of 17 days; (3) moving the hearings for Creative’s motions, 25 currently set for November 3, 2016, to November 9, 2016; and (4) moving the Case Management 26 Conference to the same date of November 9, 2016; 27 28 WHEREAS, the parties’ requested time modification does not affect any other deadline in this case, -1STIPULATED REQUEST FOR AN ORDER TO ENLARGE TIME CASE NO: 3:16-cv-02628-JST NOW THEREFORE, pursuant to Civil L.R. 6-1 and 6-2, Google and Creative, by and 1 2 through their respective counsel of record, hereby stipulate and respectfully request as follows: 1. 3 4 27, 2016, be extended by 13 days to October 10, 2016; 2. 5 6 3. The date of the Initial Case Management Conference, currently set for September 28, 2016, be changed to November 9, 2016 or another date specified by the Court; and 4. 9 10 The time for Creative to reply in support of Creative’s motions be extended by 10 days for a total of 17 days; 7 8 The deadline for Google to oppose Creative’s motions, currently due September The date of the hearings on Creative’s motions, currently set for November 3, 2016, be reset for November 9, 2016 or another date specified by the Court. 11 12 Dated: September 21, 2016 13 Respectfully submitted, By: 14 /s/ Bijal V. Vakil _ Bijal V. Vakil Attorneys for Plaintiff Google Inc. 15 16 17 18 19 20 Dated: September 21, 2016 Respectfully submitted, By: /s/ Jonathan Baker Jonathan Baker Attorneys for Defendants Creative Labs, Inc. and Creative Technologies Ltd. 21 22 23 24 25 26 27 28 -2STIPULATED REQUEST FOR AN ORDER TO ENLARGE TIME CASE NO: 3:16-cv-02628-JST 1 2 ATTESTATION CLAUSE I, Bijal V. Vakil declare that Jonathan Baker, counsel for Defendants, has authorized me 3 to add his e-signature and to file the foregoing document STIPULATED REQUEST AND 4 [PROPOSED] ORDER TO ENLARGE TIME FOR BRIEFING AND MOVE HEARING ON 5 CREATIVE’S MOTIONS TO DISMISS, CREATIVE’S MOTION TO STAY, AND CASE 6 MANAGEMENT CONFERENCE TO NEW DATE. 7 Dated: September 21, 2016 By: /s/ Bijal V. Vakil Bijal V. Vakil 8 9 [PROPOSED] ORDER 10 Plaintiff Google Inc. and Defendants Creative Labs, Inc. and Creative Technology Ltd. 11 (“the parties”) have stipulated to extend the deadline for Google to oppose Creative’s Motion to 12 Stay Proceedings, Creative’s Motion to Dismiss Pursuant to Rule 12(b)(6), Creative’s Motion to 13 Dismiss Pursuant to Rule 12(b)(1) (“Creative’s Motions”) by 13 days, moving it from 14 September 27, 2016 to October 10, 2016. The parties have also stipulated to extend the time for 15 Creative to reply in support of Creative’s Motions by 10 days for a total of 17 days. The parties 16 have also stipulated to reset the Initial Case Management Conference, currently set for 17 September 28, 2016, and the hearings on Creative’s Motions currently set for November 3, 2016, 18 to November 9, 2016. 19 The parties’ joint stipulation is GRANTED. Google’s oppositions to Creative’s Motions 20 shall be due by October 10, 2016. Creative shall have 17 days to reply in support of Creative’s 21 Motions. The Initial Case Management Conference and the hearings on Creative’s Motion to 22 Stay Proceedings, Creative’s Motion to Dismiss Pursuant to Rule 12(b)(6), Creative’s Motion to 23 Dismiss Pursuant to Rule 12(b)(1) are hereby reset for November 9, 2016. November 17, 2016 24 25 PURSUANT TO STIPULATION, IT IS SO ORDERED. 26 27 Dated: September 21, 2016 __________ By: Jon S. Tigar United States District Judge 28 -3- STIPULATED REQUEST FOR AN ORDER TO ENLARGE TIME CASE NO: 3:16-cv-02628-JST

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