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

Filing 37

Order by Hon. William Alsup granting 36 Stipulation. Case Management Conference set for 8/24/2017 08:00 AM in Courtroom 8, 19th Floor, San Francisco. Motion Hearing set for 8/24/2017 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.(whalc1, COURT STAFF) (Filed on 7/31/2017)

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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;
[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
October 22, 2018

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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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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, on June 29, 2017, Judge Alsup granted a Stipulation extending the deadline

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(i) for the Plaintiff’s time to file its opposition to Defendants’ motions to dismiss to July 31, 2017;

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(ii) for Defendants’ replies to August 7, 2017, and continuing the deadline for (iii) the hearing

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date on Defendants’ motions to dismiss to August 17, 2017; and (iv) the date for the Initial Case

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Management Conference to August 17, 2017 [Dkt.34].

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WHEREAS, Plaintiff’s oppositions to the motions to dismiss are due in three (3) days, on
July 31, 2017.
WHEREAS, Plaintiff and Defendant POPSUGAR, Inc. have reached agreement on all

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terms of a fully drafted and final settlement agreement, except that execution is dependent upon

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Plaintiff and Defendant Ebates completing their separate settlement agreement.

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WHEREAS, Plaintiff and Defendant Ebates have exchanged multiple drafts of a separate

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settlement agreement, have substantially completed the negotiations relating to all terms and

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require additional time to agree on a final draft before signature;

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WHEREAS, the Parties are confident that with the extra time requested, the settlement
agreements will be fully executed;
WHEREAS, in order to facilitate the remaining settlement negotiations and full execution

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(signing) of the settlement agreements, the parties have agreed to extend the deadlines by seven

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(7) days (i) for Plaintiff’s oppositions to Defendants’ motions to dismiss to August 7, 2017, (ii)

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for Defendants’ replies to August 14, 2017, (iii) to continue the hearing date on Defendants’

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STIPULATION RE: MOTIONS TO DISMISS AND CMC; PROPOSED ORDER
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motions to dismiss to August 24, 2017 at 8:00 a.m, or to such other date as the court has

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

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August 17, 2017 at 11:00 a.m 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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1.

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

extended to August 7, 2017;

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2.

Defendants’ time to file its replies shall be extended to August 14, 2017;

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3.

That the hearing on Defendants’ motions to dismiss be continued to August 24,

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2017 at 8:00 a.m., or to such other date as the Court has available; and
4.

That the currently scheduled Initial Case Management Conference set for August

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17, 2017 at 8:00 a.m., also be continued to August 24, 2017, or to such other date as the Court

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has available.

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Dated: July 28, 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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Attorneys for Plaintiff
POP MIDDLE EAST INC.

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Dated: July 28, 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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KEKER, VAN NEST & PETERS LLP

Dated: July 28, 2017

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

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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 July 31, 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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Defendants’ time to file its replies shall be extended from August 7, 2017 to

August 14, 2017;
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That the hearing on Defendants’ motions to dismiss be continued from August 17,

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2017 at 8:00 a.m. to August 24, 2017 at 8:00 a.m., or to

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4.

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;

That the Initial Case Management Conference set for August 17, 2017 at 8:00 a.m. be

continued to August 24, 2017, or to

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

deadlines.

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IT IS SO ORDERED.

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Dated:

_____________________________
Hon. William H. Alsup
United States District Judge

July 31, 2017.

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STIPULATION RE: MOTIONS TO DISMISS AND CMC; PROPOSED ORDER
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