POP MIDDLE EAST, INC., a foreign corporation v. POPSUGAR INC., a Delaware corporation et al

Filing 34

Order by Hon. William Alsup granting 30 Stipulation. Case Management Conference set for 8/17/2017 11:00 AM in Courtroom 8, 19th Floor, San Francisco. Motion Hearing set for 8/17/2017 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.(whalc1, COURT STAFF) (Filed on 6/29/2017)

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David M. Given, (CSG. 142375)
PHILLIPS, ERLEWINE, GIVEN & CARLIN LLP
39 Mesa Street, Suite 201 - The Presidio
San Francisco, CA 94129
Telephone: [phone]
Fax:
415-398-0911
Email: [e-mail]
Edward Klaris (Pro Hac Vice)
KLARIS LAW PLLC
475 Park Avenue South, 22nd Floor
New York, New York 10016
Telephone: [phone]
Email: [e-mail]
Attorneys for Plaintiff

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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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POP MIDDLE EAST, INC., a foreign
corporation,

Case No. 3:17-cv-02015-WHA
JOINT STIPULATION TO ENLARGE
TIME RE MOTION TO DISMISS AND
INITIAL CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER

Plaintiff,
v.
POPSUGAR INC., a Delaware corporation;
EBATES INC., a Delaware corporation,,

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Complaint Filed:
Trial Date:

Defendants.

April 11, 2017
None Set

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Plaintiff Pop Middle East, Inc., Defendant POPSUGAR Inc., and Defendant Ebates, Inc.,
by and through their respective counsel of record, stipulate as follows:
WHEREAS, Plaintiff Pop Middle East, Inc. (hereinafter “Plaintiff”) filed its Complaint on
April 11, 2017 [Dkt 1];
WHEREAS, Plaintiff served the Complaint on Defendants POPSUGAR, Inc. and Ebates,
Inc. on April 13, 2017, and a responsive pleading was due on or about May 4, 2017 [Dkts. 7-1
and 7-2];

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1165037

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31

STIPULATION RE: MOTIONS TO DISMISS AND CMC; PROPOSED ORDER
Case No. 3:17-cv-02015-WHA

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WHEREAS, on April 21, 2017, Plaintiff agreed to extend Defendants’ time to answer or
otherwise respond to the complaint by 21 days, up to and including May 25, 2017 [Dkt. 11];
WHEREAS, on May 5, 2017, the Court scheduled an Initial Case Management
Conference for July 13, 2017;
WHEREAS, on May 18, 2017, Plaintiff agreed to a further extension of time for

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Defendants to answer or otherwise plead to the complaint, up to and including June 15, 2017

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[Dkt. 19];

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WHEREAS, on June 15, 2017, Defendants POPSUGAR, Inc. and Ebates filed and served
their motions to dismiss, with a hearing date of July 27, 2017;
WHEREAS, Plaintiff’s oppositions to the motions to dismiss are due June 29, 2017, and
Defendants’ replies are due July 6, 2017;
WHEREAS, the parties are currently in the midst of settlement negotiations and require
additional time to draft and agree upon the terms of a settlement;
WHEREAS, in order to facilitate further settlement negotiations, the parties have agreed

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to extend the deadlines (i) for Plaintiff’s oppositions to Defendants’ motions to dismiss to July 31,

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2017, (ii) for Defendants’ replies to August 7, 2017, (iii) to continue the hearing date on

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Defendants’ motions to dismiss to August 17, 2017 at 8:00 a.m., or to such other date as the court

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has available; and (iv) request that the Initial Case Management Conference be continued from

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July 13, 2017 to a future date, along with the F.R.C.P. Rule 26(f) deadlines;

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WHEREFORE, pursuant to Civil Local Rule 6-2, the parties stipulate and agree that:

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Plaintiff’s time to file its opposition to Defendants’ motions to dismiss shall be

extended to July 31, 2017;

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2.

Defendants’ time to file its replies shall be extended to August 7, 2017;

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3.

That the hearing on Defendants’ motions to dismiss be continued to August 17,

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2017 at 8:00 a.m., or to such other date as the Court has available; and

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1165037

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STIPULATION RE: MOTIONS TO DISMISS AND CMC; PROPOSED ORDER
Case No. 3:17-cv-02015-WHA

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That the currently scheduled Initial Case Management Conference set for July 13,

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2017 also be continued to August 17, 2017, or to such other date as the Court has available, along

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with the F.R.C.P. Rule 26(f) deadlines.

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Dated: June 27, 2017

PHILLIPS, ERLEWINE, GIVEN & CARLIN LLP

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By /s/ David M. Given
DAVID M. GIVEN

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KLARIS LAW PLLC
Edward Klaris (admitted pro hac vice)

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By /s/ Edward J.Klaris____________________________
EDWARD J. KLARIS

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Attorneys for Plaintiff
POP MIDDLE EAST INC.

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Dated: June 27, 2017

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By /s/ Benedict Y. Hur
BENEDICT Y. HUR
JAY RAPAPORT

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Attorneys for Defendant
POPSUGAR, INC.

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Dated: June 27, 2017

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Attorneys for Defendant
EBATES, INC.

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THE LAW OFFICES OF THOMAS V. CHRISTOPHER
By /s/ Thomas V. Christopher
THOMAS V. CHRISTOPHER

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KEKER, VAN NEST & PETERS LLP

ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), I attest that all other signatories listed, and on
whose behalf this filing is submitted, concur in the filing’s content and have authorized the filing.
Dated: June 27, 2017
/s/ Edward J.Klaris________________________
Edward J. Klaris

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1165037

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STIPULATION RE: MOTIONS TO DISMISS AND CMC; PROPOSED ORDER
Case No. 3:17-cv-02015-WHA

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[PROPOSED] ORDER GRANTING STIPULATION

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PURSUANT TO STIPULATION, IT IS ORDERED that:

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1.

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extended from June 29, 2017 to July 31, 2017;

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2.

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Defendants’ time to file its replies shall be extended from July 6, 2017 to August

7, 2017;

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Plaintiff’s time to file its opposition to Defendants’ motions to dismiss shall be

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That the hearing on Defendants’ motions to dismiss to be continued from July 27,

2017 to August 17, 2017 at 8:00 a.m., or to ____________________________;
4.

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That the Initial Case Management Conference set for July 13, 2017 be continued
at 11:00 A.M.
August 17, 2017, or to ____________________________, along with the F.R.C.P. Rule 26(f)

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deadlines.

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SO ORDERED.

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Dated:

_____________________________
Hon. William H. Alsup
United States District Judge

June 29, 2017.

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STIPULATION RE: MOTIONS TO DISMISS AND CMC; PROPOSED ORDER
Case No. 3:17-cv-02015-WHA

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