Free Stream Media Corp. v. Alphonso Inc.

Filing 238

STIPULATION AND ORDER RE 236 MOTION for Relief from Case Management Schedule Shortening Time for Briefing and Hearing (Civil L.R. 6-2). Signed by Judge Richard Seeborg on 9/28/17. (cl, COURT STAFF) (Filed on 9/28/2017)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Claude M. Stern (Bar No. 96737)
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[e-mail]
Cole Malmberg (Bar No. 305250)
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[e-mail]
555 Twin Dolphin Drive, 5th Floor
4 Redwood Shores, California 94065
Telephone: [phone]
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Tigran Guledjian (Bar No. 207613)
[e-mail]
Valerie Roddy (Bar No. 235163)
[e-mail]
Scott A. Florance (Bar No. 227512)
[e-mail]
Jordan B. Kaericher (Bar No. 265953)
[e-mail]
865 South Figueroa Street, 10th Floor
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

16 FREE STREAM MEDIA CORP.
d/b/a SAMBA TV,
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Plaintiff,
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v.
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ALPHONSO INC., ASHISH CHORDIA,
20 RAGHU KODIGE, and LAMPROS
KALAMPOUKAS,
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Defendants.
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Case No. 17-cv-02107-RS
CIVIL L.R. 6-2 STIPULATION AND
[PROPOSED] ORDER SHORTENING
TIME FOR BRIEFING AND HEARING
ON DEFENDANTS’ MOTION FOR
RELIEF FROM CASE MANAGEMENT
SCHEDULE (ECF NO. 228);
DECLARATION OF VALERIE RODDY
IN SUPPORT THEREOF

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Case No. 3:17-cv-02107-RS
CIVIL L.R. 6-2 STIPULATION AND [PROPOSED] ORDER SHORTENING TIME FOR BRIEFING AND
HEARING ON MOTION FOR RELIEF FROM CASE MANAGEMENT SCHEDULE (ECF NO. 228)

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Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Free Stream Media d/b/a Samba TV

2 (“Samba”) and Defendants Alphonso Inc., Ashish Chordia, Lampros Kalampoukas, and Raghu
3 Kodige (collectively, “Defendants”) submit this stipulated request that the Court shorten the
4 briefing and hearing schedule for Defendants’ Motion for Relief from Case Management Schedule
5 (ECF No. 228):
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STIPULATION
WHEREAS, on September 22, 2017, Defendants filed a Motion for Relief from Case

8 Management Schedule (ECF No. 228);
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WHEREAS, Defendants’ motion requests that the Court hold in abeyance case

10 management dates pending resolution of Plaintiff’s Motion for Leave to Amend Its Infringement
11 Contentions (ECF No. 214), scheduled for hearing on October 26, 2017;
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WHEREAS, a number of case management deadlines are imminent, including the deadline

13 for serving initial expert disclosures (September 29, 2017); 1 the deadline for rebuttal and
14 supplemental expert disclosures (October 20 or 27, 2017); the cutoff for expert discovery
15 (November 3 or 10, 2017); and the deadline for filing summary judgment motions (November 16,
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WHEREAS, Defendants contend there is good cause to shorten time for the briefing and

18 hearing of their motion for the reasons set forth in the attached Declaration of Valerie Roddy,
19 which also sets forth all previous time modifications in this case;
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WHEREAS, Plaintiff opposes Defendants’ motion to hold in abeyance case management

21 dates, but does not oppose its expedited resolution in view of the imminence of the case
22 management dates it seeks to impact; and
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WHEREAS, the parties will be before the Court on October 5, 2017 at 1:30 p.m. for a

24 hearing on Defendants’ motion to dismiss the Second Amended Complaint, see ECF No. 231
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On September 20, 2017, the parties filed a joint stipulation and [proposed] order (ECF
26 No. 220) seeking to extend all expert disclosure and discovery deadlines by one week. Pending
the Court’s decision on that motion, the parties have agreed to waive any objection to initial expert
27 disclosures (due September 22, 2017 under the operative case management schedule (see ECF
No. 148)) being served through and until September 29, 2017, the deadline requested in the
28 parties’ stipulation.
Case No. 3:17-cv-02107-RS
-1-

CIVIL L.R. 6-2 STIPULATION AND [PROPOSED] ORDER SHORTENING TIME FOR BRIEFING AND
HEARING ON MOTION FOR RELIEF FROM CASE MANAGEMENT SCHEDULE (ECF NO. 228)

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The parties hereby request that the Court set the following briefing and hearing schedule

2 for Defendants’ Motion for Relief from Case Management Schedule (ECF No. 228):
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1.

Any opposition to Defendants’ Motion for Relief from Case Management Schedule

4 (ECF No. 228) shall be filed on or before October 2, 2017.
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2.

Any reply in support of Defendants’ Motion for Relief from Case Management

6 Schedule (ECF No. 228) shall be filed on or before October 3, 2017. Any such reply shall be
7 limited to no more than 4 pages in length.
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3.

Any hearing on Defendants’ Motion for Relief from Case Management Schedule

9 (ECF No. 228) shall be held on October 5, 2017 at 1:30 p.m., or at such time as the Court may
10 order.
11 DATED: September 27, 2017
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TENSEGRITY LAW GROUP, LLP
By /s/ William P. Nelson
Matthew D. Powers (Bar No. 104795)
William P. Nelson (Bar No. 196091)
Jennifer K. Robinson (Bar No. 270954)
Samantha A. Jameson (Bar. No. 296411)
Natasha M. Saputo (Bar No. 291151)
TENSEGRITY LAW GROUP, LLP
555 Twin Dolphin Drive, Suite 650
Redwood Shores, CA 94065
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff,
Free Stream Media Corp. d/b/a Samba TV

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Case No. 3:17-cv-02107-RS
-2CIVIL L.R. 6-2 STIPULATION AND [PROPOSED] ORDER SHORTENING TIME FOR BRIEFING AND
HEARING ON MOTION FOR RELIEF FROM CASE MANAGEMENT SCHEDULE (ECF NO. 228)

1 DATED: September 27, 2017
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QUINN EMANUEL URQUHART &
SULLIVAN, LLP
By /s/ Claude M. Stern
Claude M. Stern
Attorneys for Defendants Alphonso Inc., Ashish
Chordia, Lampros Kalampoukas, and Raghu
Kodige

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Case No. 3:17-cv-02107-RS
-3CIVIL L.R. 6-2 STIPULATION AND [PROPOSED] ORDER SHORTENING TIME FOR BRIEFING AND
HEARING ON MOTION FOR RELIEF FROM CASE MANAGEMENT SCHEDULE (ECF NO. 228)

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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1.

Any opposition to Defendants’ Motion for Relief from Case Management Schedule

4 (ECF No. 228) shall be filed on or before October 2, 2017.
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2.

Any reply in support of Defendants’ Motion for Relief from Case Management

6 Schedule (ECF No. 228) shall be filed on or before October 3, 2017. Any such reply shall be
7 limited to no more than 4 pages in length.
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3.

Any hearing on Defendants’ Motion for Relief from Case Management Schedule

9 (ECF No. 228) shall be held on October 5, 2017 at 1:30 p.m.
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10 DATED: September ___, 2017
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Hon. Richard Seeborg
UNITED STATES DISTRICT COURT JUDGE

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Case No. 3:17-cv-02107-RS
[PROPOSED] ORDER