Activision Blizzard Inc. v. Acceleration Bay LLC

Filing 24

STIPULATION AND ORDER to Consolidate Briefing and Hearing for Acceleration Bay LLC's Motion to Dismiss or Transfer Plaintiffs' Complaints. Signed by Judge Richard Seeborg on 7/20/16. (cl, COURT STAFF) (Filed on 7/20/2016)

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David P. Enzminger (SBN: 137065)
[e-mail]
James C. Lin (SBN: 271673)
[e-mail]
WINSTON & STRAWN LLP
275 Middlefield Road, Suite 205
Menlo Park, California 94025-4004
Telephone:
[phone]
Facsimile:
[phone]
Michael A. Tomasulo (SBN: 179389)
[e-mail]
Gino Cheng (SBN: 259208)
[e-mail]
David K. Lin (SBN: 278404)
[e-mail]
WINSTON & STRAWN LLP
333 South Grand Avenue, 38th Floor
Los Angeles, CA 90071-1543
Telephone:
[phone]
Facsimile:
[phone]

PAUL ANDRE (SBN: 196585)
[e-mail]
LISA KOBIALKA (SBN: 191404)
[e-mail]
JAMES HANNAH (SBN. 237978)
[e-mail]
KRAMER LEVIN NAFTALIS &
FRANKEL LLP
990 Marsh Road
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
ACCELERATION BAY LLC

Dan K. Webb (pro hac vice)
[e-mail]
Kathleen B. Barry (pro hac vice)
[e-mail]
WINSTON & STRAWN LLP
35 West Wacker Drive
Chicago, IL 60601-9703
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
ACTIVISION | BLIZZARD, INC.

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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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ACTIVISION | BLIZZARD, INC., a Delaware
Corporation,

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Plaintiff,
v.
ACCELERATION BAY LLC, a Delaware
Limited Liability Corporation,

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Defendant.
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Case No. 3:16-cv-03375-RS
JOINT STIPULATION AND [PROPOSED]
ORDER TO CONSOLIDATE BRIEFING
AND HEARING FOR ACCELERATION
BAY LLC’S MOTION TO DISMISS OR
TRANSFER PLAINTIFFS’ COMPLAINTS
Date: September 1, 2016
Time: 1:30 pm
Courtroom: 3, 17th Floor
Before: Honorable Richard Seeborg

JOINT STIPULATION AND [PROPOSED] ORDER TO CONSOLIDATE BRIEFING AND HEARING FOR ACCELERATION BAY LLC’S
MOTION TO DISMISS OR TRANSFER PLAINTIFFS’ COMPLAINTS – CASE NO.: 3:16-CV-03375-RS

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Pursuant to Civil Local Rule 6-2, Plaintiffs Take-Two Interactive Software, Inc. (“Take

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Two”), Rockstar Games, Inc. (“Rockstar”), 2K Sports, Inc. (“2K”), Activision Blizzard, Inc.

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(“Activision”), and Electronics Art, Inc. (“EA”) (collectively, “Plaintiffs”) and Defendant

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Acceleration Bay LLC (“Defendant”), by and through their respective counsel, do hereby stipulate

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and agree to the following:

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WHEREAS, Plaintiffs filed Complaints against Defendant in Civil Action Nos. 3:16-cv03375-RS, 3:16-cv-03377-RS, and 3:16-cv-03378-RS on June 16, 2016 (the “Actions");
WHEREAS, the parties filed a Joint Administrative Motion to Consider Whether Cases
Should be related on July 1, 2016;
WHEREAS, the Court granted the parties’ Motion to Relate Cases Civil Action Nos. 3:16cv-03375-RS, 3:16-cv-03377-RS, and 3:16-cv-03378-RS on July 5, 2016;
WHEREAS, Defendant recently filed a Motion to Dismiss or Transfer Take-Two Interactive

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Software, et al.’s Complaint (“Motion”) on July 11, 2016 and filed Motions to Dismiss or Transfer

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in related Civil Action Nos. 3:16-cv-03375-RS and 3:16-cv-03378-RS on July 15, 2016;

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WHEREAS, on July 13, 2016, counsel for the parties met and conferred pursuant to Fed. R.
Civ. P. 16 and this Court’s Local Rules;

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WHEREAS, the parties agree to streamline the briefing associated with the Motion and to

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have a single Opposition brief and a single Reply brief filed in all three actions in light of the fact

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that Defendant’s Motions seek the same relief and having separate deadlines in the three actions will

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result in unnecessary duplicate filings.

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WHEREAS, the parties further agree to modify the deadline for the Opposition brief in all
three actions to be due by July 29, 2016.
WHEREAS, the parties further agree to modify the deadline for the Reply brief in all three
actions to be due by August 8, 2016.

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WHEREAS, the requested modification to the Motion’s briefing schedule will have no

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effect on the schedule for this case, and the proposed hearing date of September 1, 2016 for the

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Motion remains the same as requested in Plaintiff’s Motion.

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IT IS HEREBY STIPULATED AND AGREED by the parties that Plaintiffs will file a
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JOINT STIPULATION AND [PROPOSED] ORDER TO CONSOLIDATE BRIEFING AND HEARING FOR ACCELERATION BAY LLC’S
MOTION TO DISMISS OR TRANSFER PLAINTIFFS’ COMPLAINTS – CASE NO.: 3:16-CV-03375-RS

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single Opposition brief to the Motion in all three actions by July 29, 2016, Defendant will file a

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single Reply brief in support of the Motion in all three actions by August 8, 2016, and the proposed

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hearing date for the Motion remains on September 1, 2016, or such other date thereafter that is

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convenient for the Court.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: July 19, 2016

WINSTON & STRAWN LLP

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By

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Attorneys for Plaintiff
ACTIVISION | BLIZZARD, INC.

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/s/ David P. Enzminger
David P. Enzminger
James C. Lin
Michael A. Tomasulo
Gino Cheng
David K. Lin
Dan K. Webb
Kathleen B. Barry

Dated: July 19, 2016

KRAMER LEVIN NAFTALIS & FRANKEL LLP
By

/s/ Lisa Kobialka
PAUL ANDRE
LISA KOBIALKA
JAMES HANNAH
990 Marsh Road
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
ACCELERATION BAY LLC

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONSOLIDATE BRIEFING AND HEARING FOR ACCELERATION BAY LLC’S
MOTION TO DISMISS OR TRANSFER PLAINTIFFS’ COMPLAINTS – CASE NO.: 3:16-CV-03375-RS

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ATTESTATION
I, David P. Enzminger, am the ECF user whose ID and password are being used to file this

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONSOLIDATE BRIEFING AND

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HEARING FOR ACCELERATION BAY LLC’S MOTION TO DISMISS OR TRANSFER

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PLAINTIFFS’ COMPLAINTS. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that

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Defendant’s counsel, Lisa Kobialka, has concurred in this filing.

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By:

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/s/ David P. Enzminger
David P. Enzminger

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED

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Dated: 7/20/16
JUDGE HON. RICHARD SEEBORG

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONSOLIDATE BRIEFING AND HEARING FOR ACCELERATION BAY LLC’S
MOTION TO DISMISS OR TRANSFER PLAINTIFFS’ COMPLAINTS – CASE NO.: 3:16-CV-03375-RS