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

Filing 30

STIPULATION AND ORDER re 29 STIPULATION WITH PROPOSED ORDER Requesting Modification of Hearing Date and Briefing Schedule filed by Creative Labs, Inc., Creative Technology Ltd. Case Management Statement due by 11/29/2016. Initial Case Management Conference set for 12/1/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on October 11, 2016. (wsn, COURT STAFF) (Filed on 10/11/2016)

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1 2 3 4 5 6 7 BIJAL V. VAKIL (CA State Bar No. 192878) bvakil@whitecase.com ALLEN WANG (CA State 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., Plaintiff, 14 15 16 17 Case No. 3:16-cv-02628-JST v. CREATIVE LABS, INC. and CREATIVE TECHNOLOGY LTD., Defendants. STIPULATED REQUEST AND [PROPOSED] ORDER TO MOVE HEARING ON CREATIVE’S MOTIONS TO DISMISS, CREATIVE’S MOTION TO STAY, AND CASE MANAGEMENT CONFERENCE TO NEW DATE AND ENLARGE TIME FOR BRIEFING 18 [Civil L.R. 6-1, 6-2, 7-12] 19 20 21 22 23 24 25 26 27 28 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 WHEREAS, on September 21, 2016, the parties submitted a stipulation (Dkt. No. 26) and 15 proposed order to extend the briefing schedule on Creative’s motion, and requested that the case 16 management conference and the hearings on Creative’s motions “be changed to November 9, 17 2016 or another date specified by the Court”; 18 WHEREAS on September 21, 2016, the Court entered an order (Dkt. No. 27) granting the 19 parties’ stipulation, but changing the case management conference and hearing date to November 20 17, 2016; 21 22 23 WHEREAS, counsel for Creative has a scheduling conflict with the November 17, 2016 hearing and case management conference date selected by the Court; WHEREAS, Google’s oppositions to Creative’s motions are currently due October 10, 24 2016, and Creative’s replies in support of Creative’s motions are currently due 17 days later on 25 October 27, 2016; 26 WHEREAS, Pursuant to Civil L.R. 6-1, the parties have conferred and agree and request 27 that: (1) the hearings on Creative’s motions, currently set for November 17, 2016, be moved to 28 December 1, 2016; (2) the Case Management Conference currently also set for November 17, -1STIPULATED REQUEST TO MOVE HEARING CASE NO: 3:16-cv-02628-JST 1 2016 be moved to the same date of December 1, 2016; and (3) the time for Google to oppose 2 Creative’s motions be extended by 14 days from October 10, 2016 to October 24, 2016. WHEREAS, the parties’ requested time modification does not affect any other deadline in 3 4 this case, NOW THEREFORE, pursuant to Civil L.R. 6-1 and 6-2, Google and Creative, by and 5 6 through their respective counsel of record, hereby stipulate and respectfully request as follows: 1. 7 8 17, 2016, be changed to December 1, 2016; 2. 9 10 3. The deadline for Google to oppose Creative’s motions, currently due October 10, 2016 be extended by 14 days to October 24, 2016; and 4. 13 14 The date of the hearings on Creative’s motions, currently set for November 17, 2016, be reset for December 1, 2016; 11 12 The date of the Initial Case Management Conference, currently set for November The time for Creative to file its replies in support of Creative’s motions shall remain at a total of 17 days after Google files its oppositions. 15 16 17 Dated: October 10, 2016 18 Respectfully submitted, By: 19 /s/ Bijal V. Vakil Bijal V. Vakil Attorneys for Plaintiff Google Inc. 20 21 22 23 24 25 Dated: October 10, 2016 Respectfully submitted, By: /s/ Jonathan Baker Jonathan Baker Attorneys for Defendants Creative Labs, Inc. and Creative Technologies Ltd. 26 27 28 -2STIPULATED REQUEST TO MOVE HEARING CASE NO: 3:16-cv-02628-JST 1 2 ATTESTATION CLAUSE I, Jonathan Baker, declare that Bijal V. Vakil, counsel for Plaintiff, has authorized me to 3 add his e-signature and to file the foregoing document STIPULATED REQUEST AND 4 [PROPOSED] ORDER TO MOVE HEARING ON CREATIVE’S MOTIONS TO DISMISS, 5 CREATIVE’S MOTION TO STAY, AND CASE MANAGEMENT CONFERENCE TO NEW 6 DATE AND ENLARGE TIME FOR BRIEFING. 7 Dated: October 10, 2016 By: 8 9 10 /s/ Jonathan Baker Jonathan Baker [PROPOSED] ORDER Plaintiff Google Inc. and Defendants Creative Labs, Inc. and Creative Technology Ltd. 11 (“the parties”) have stipulated to reset the Initial Case Management Conference, currently set for 12 November 17, 2016, and the hearings on Creative’s Motions currently set on the same date, to 13 December 1, 2016. The parties have also stipulated to extend the deadline for Google to oppose 14 Creative’s Motion to Stay Proceedings, Creative’s Motion to Dismiss Pursuant to Rule 12(b)(6), 15 and Creative’s Motion to Dismiss Pursuant to Rule 12(b)(1) (“Creative’s Motions”) by 14 days, 16 moving it from October 10, 2016 to October 24, 2016. 17 The parties’ joint stipulation is GRANTED. Google’s oppositions to Creative’s Motions 18 shall be due by October 24, 2016. Creative shall have 17 days to reply in support of Creative’s 19 Motions. The Initial Case Management Conference and the hearings on Creative’s Motion to 20 Stay Proceedings, Creative’s Motion to Dismiss Pursuant to Rule 12(b)(6), and Creative’s Motion 21 to Dismiss Pursuant to Rule 12(b)(1) are hereby reset for December 1, 2016. 22 PURSUANT TO STIPULATION, IT IS SO ORDERED. 23 24 25 October 11, Dated: __________ 2016 By: Jon S. Tigar United States District Judge 26 27 28 -3- STIPULATED REQUEST TO MOVE HEARING CASE NO: 3:16-cv-02628-JST

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