Meta Company v. Zhong et al

Filing 59

STIPULATION AND ORDER re 58 TO EXTEND DEADLINES RE MOTION FOR EXPEDITED DISCOVERY, MOTION TO DISMISS, AND CASE MANAGEMENT CONFERENCE filed by Meta Company. Responses due by 11/23/2017. Replies due by 11/30/2017. Motion Hearing set for 12/14/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Case Management Statement due by 12/7/2017. Initial Case Management Conference set for 12/14/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 9/25/17. (bpfS, COURT STAFF) (Filed on 9/25/2017)

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
2
3
4
5
6
7
8

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
10

META COMPANY

11

UNITED STATES DISTRICT COURT

12

NORTHERN DISTRICT OF CALIFORNIA

13

SAN FRANCISCO DIVISION

14 META COMPANY, a Delaware corporation,

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

15

STIPULATION AND [PROPOSED]
ORDER TO EXTEND DEADLINES RE
MOTION FOR EXPEDITED
DISCOVERY, MOTION TO DISMISS,
AND CASE MANAGEMENT
CONFERENCE

16

Plaintiff,
v.

17

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.

21
22
23
24
25
26
27
28

Case No. 3:17-cv-03259-EMC
SMRH:484160141.1

STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES RE MOTION
FOR EXPEDITED DISCOVERY, MOTION TO DISMISS, AND CASE
MANAGEMENT CONFERENCE

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

1

2 and Dreamworld USA Inc. (“Defendants”) and Plaintiff Meta Company (“Meta” or “Plaintiff”)
3 hereby stipulate to move the hearing dates and extend the briefing deadlines on Plaintiff’s Motion
4 for Expedited Discovery (“Expedited Discovery Motion”) (Dkt. No. 21) and Defendant’s Motion to
5 Dismiss (“Motion to Dismiss”) (Dkt. No. 38).
WHEREAS, the Parties have tentatively resolved the above-captioned lawsuit (Deol Decl.,

6
7 ¶ 2);

WHEREAS, the Parties wish to avoid spending additional time and effort in briefing and

8

9 attending a hearing on the Expedited Discovery Motion and Motion to Dismiss, given that the case
10 has tentatively been resolved (Deol Decl., ¶ 3);
11

WHEREAS the Expedited Discovery Motion is set for hearing on October 26, 2017;

12

WHEREAS the Motion to Dismiss is set for hearing on October 26, 2017;

13

WHEREAS, Plaintiff’s opposition to the Motion to Dismiss is currently due on October 5,

14 2017;
15

WHEREAS, Defendants’ reply in support of the Motion to Dismiss is currently due on

16 October 12, 2017;
17

WHEREAS, there have been approximately four previous extensions of time (on various

18 matters) while the Parties have endeavored to settle this case (Deol Decl., ¶ 4);
19

WHEREAS, counsel for both Parties agree that the requested extension would not affect any

20 other deadlines in this case (Deol Decl., ¶ 5); and
21

WHEREAS, Civil Local Rule 6-2(a) of the Northern District of California states, “The

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

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

26 stipulate that:
27

(1)

28
SMRH:484160141.1

the hearing on the Expedited Discovery Motion be continued to December 14, 2017;

-1-

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

STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES RE MOTION
FOR EXPEDITED DISCOVERY, MOTION TO DISMISS, AND CASE
MANAGEMENT CONFERENCE

1

(2)

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

2

(3)

Plaintiff may file its opposition to the Motion to Dismiss by no later than November

3 23, 2017;
4

(4)

Defendants may file their reply to the Motion by no later than November 30, 2017;

5

(5)

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

6 November 23, 2017;
7

(6)

the case management conference currently set for October 26, 2017 be continued to

8 December 14, 2017;
9

(7)

the Parties be allowed to file their joint case management conference statement by

10 December 7, 2017; and
11

(8)

the Parties be allowed to file the ADR Certification and Stipulation to ADR

12 Process/Notice of Need for ADR Phone Conference by November 23, 2017.
13

IT IS SO STIPULATED.

14 Dated: September 23, 2017

Respectfully submitted,

15
/s/ Rick C. Chang
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
Counsel for Zhangyi Zhong and
Dreamworld USA Inc.

16
17
18
19
20
21

26

/s/ John-Paul S. Deol
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

27

Counsel for Meta Company

22
23
24
25

28
SMRH:484160141.1

-2-

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

STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES RE MOTION
FOR EXPEDITED DISCOVERY, MOTION TO DISMISS, AND CASE
MANAGEMENT CONFERENCE

1

[PROPOSED] ORDER

2
3 PURSUANT TO THE PARTIES’ STIPULATION, IT IS SO ORDERED.
4

S

Hon. Edward M. Chen
U.S. District Judge
hen
rd M. C
ge Edwa
Jud

ER

11

A

H

10

LI

RT

9

FO

NO

8

ERED
O ORD
IT IS S
______________________________________
R NIA

9/25/2017

7 Dated: ______________

UNIT
ED

6

RT
U
O

5

S DISTRICT
TE
C
TA

N

F
D IS T IC T O
R

C

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SMRH:484160141.1

-3-

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

STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES RE MOTION
FOR EXPEDITED DISCOVERY, MOTION TO DISMISS, AND CASE
MANAGEMENT CONFERENCE