Meta Company v. Zhong et al

Filing 50

STIPULATION AND ORDER re 49 TO EXTEND DEADLINES RE MOTION TO DISMISS filed by Meta Company. Responses due by 8/24/2017. Replies due by 8/31/2017. Motion Hearing set for 9/14/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 8/1/17. (bpfS, COURT STAFF) (Filed on 8/1/2017)

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
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A Limited Liability Partnership
Including Professional Corporations
JENNIFER G. REDMOND, Cal. Bar No. 144790
[e-mail]
PAUL S. COWIE, Cal. Bar No. 250131
[e-mail]
JOHN-PAUL S. DEOL, Cal. Bar No. 284893
[e-mail]
Four Embarcadero Center, 17th Floor
San Francisco, CA 94111-4109
Telephone:
415.434.9100
Facsimile:
415.434.3947

9 Attorneys for Plaintiff
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META COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

14 META COMPANY, a Delaware corporation,

Case No. 3:17-cv-03259-EMC

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STIPULATION AND [PROPOSED]
ORDER TO EXTEND DEADLINES RE
MOTION TO DISMISS

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Plaintiff,
v.

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ZHANGYI ZHONG (a.k.a. Zhangyi “Johnny”
18 Zhong, a.k.a. Zhangyi “Kevin” Zhong), an
individual, DREAMWORLD USA INC., a
19 Delaware corporation, and DOES 1 through
20 20.
Defendants.

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Case No. 3:17-cv-03259-EMC
SMRH:483597469.1

STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES RE MOTION TO
DISMISS

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Pursuant to Local Rule 6-2 of the Northern District of California, Defendants Zhangyi Zhong

2 and Dreamworld USA Inc. (“Defendants”) and Plaintiff Meta Company (“Meta” or “Plaintiff”)
3 hereby stipulate to move the hearing date and extend the briefing deadlines on Defendant’s Motion
4 to Dismiss (“Motion to Dismiss”) (Dkt. No. 38).
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WHEREAS, the Parties are currently attempting to informally resolve the above-captioned

6 lawsuit and are set to begin those discussions on August 9, 2017 (Deol Decl., ¶ 2);
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WHEREAS, the Parties wish to avoid spending additional time and effort in briefing and

8 attending a hearing on the Motion to Dismiss in the event this case can be informally resolved (Deol
9 Decl., ¶ 3);
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WHEREAS the Motion to Dismiss is now set for hearing on August 31, 2017;

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WHEREAS, Plaintiff’s opposition to the Motion to Dismiss is currently due on August 10,

12 2017, only one day after the Parties are set to begin meeting in an attempt to informally resolve the
13 above-captioned matter;
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WHEREAS, Defendants’ reply in support of the Motion to Dismiss is currently due on

15 August 17, 2017;
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WHEREAS, on July 20, 2017 the Court granted an extension of the hearing dates and

17 briefing schedule on the Motion to Dismiss in Dkt. No. 47 (Deol Decl., ¶ 4);
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WHEREAS, counsel for both Parties agree that the requested extension would not affect any

19 other deadlines in this case (Deol Decl., ¶ 5)
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WHEREAS, counsel for both Parties agree that a further extension of the Motion to Dismiss

21 hearing and briefing schedule would be prudent; and
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WHEREAS, Civil Local Rule 6-2(a) of the Northern District of California states, “The

23 parties may file a stipulation … requesting an order changing time that would affect the date of an
24 event or deadline already fixed by Court order, or that would accelerate or extend time frames set
25 in the Local Rules or in the Federal Rules.”
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SMRH:483597469.1

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Case No. 3:17-cv-03259-EMC

STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES RE MOTION TO
DISMISS

NOW, THEREFORE, in consideration of the foregoing, the Parties agree and hereby

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2 stipulate that:
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(1)

the hearing on the Motion to Dismiss be continued to September 14, 2017;

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(2)

Plaintiff may file its opposition to the Motion to Dismiss by no later than August 24,

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(3)

Defendants may file their reply to the Motion by no later than August 31, 2017; and

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(4)

Plaintiff shall maintain its right to amend its Complaint without leave of Court until

5 2017;

8 August 24, 2017.
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IT IS SO STIPULATED.

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11 Dated: July 31, 2017

Respectfully submitted,

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/s/ Rick C. Chang

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Rick C. Chang (SBN 209515)
[e-mail]
Duane H. Mathiowetz (SBN 111831)
[e-mail]
FOLEY & LARDNER LLP
555 California Street, #1700
San Francisco, CA 94104

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Counsel for Zhangyi Zhong and
Dreamworld USA Inc.

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/s/ John-Paul S. Deol

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Jennifer G. Redmond (SBN 144790)
[e-mail]
Paul S. Cowie (SBN 250131)
[e-mail]
John-Paul S. Deol (SBN 284893)
[e-mail]
SHEPPARD, MULLIN, RICHTER &
HAMPTON LLP
Four Embarcadero Center, 17th Floor
San Francisco, CA 94111-4109

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Counsel for Meta Company

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SMRH:483597469.1

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Case No. 3:17-cv-03259-EMC

STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES RE MOTION TO
DISMISS

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[PROPOSED] ORDER

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3 PURSUANT TO THE PARTIES’ STIPULATION, IT IS SO ORDERED.
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dwa
Judge E

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______________________________________
RED
Hon. EdwardS SO ORDE
M. Chen
IT I
U.S. District Judge

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UNIT
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8/1/17

7 Dated: ______________

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SMRH:483597469.1

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Case No. 3:17-cv-03259-EMC

STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES RE MOTION TO
DISMISS