hiQ Labs, Inc. v. Linkedin Corporation

Filing 80

STIPULATION AND ORDER re Staying Further Proceedings and Deadlines filed by Linkedin Corporation. Signed by Judge Edward M. Chen on 10/12/17. (bpf, COURT STAFF) (Filed on 10/12/2017)

1 C. BRANDON WISOFF (SBN 121930)
[e-mail]
2 DEEPAK GUPTA (SBN 226991)
[e-mail]
3 JEFFREY G. LAU (SBN 281629)
[e-mail]
4 REBECCA H. STEPHENS (SBN 299234)
[e-mail]
5 Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
6 San Francisco, California 94104
Telephone: [phone]
7 Facsimile: [phone]
8 LAURENCE H. TRIBE* (pro hac vice)
Carl M. Loeb University Professor and
9 Professor of Constitutional Law
Harvard Law School
10 1575 Massachusetts Avenue
Cambridge, Massachusetts 02138
11 Telephone: [phone]
12

DONALD B. VERRILLI, JR. (pro hac vice)
[e-mail]
CHAD GOLDER (pro hac vice)
[e-mail]
MUNGER, TOLLES & OLSON LLP
1155 F Street, NW
Washington, D.C. 20004
Telephone:
[phone]
Facsimile:
[phone]
JONATHAN H. BLAVIN (SBN 230269)
[e-mail]
ROSEMARIE T. RING (SBN 220769)
[e-mail]
NICHOLAS D. FRAM (SBN 288293)
[e-mail]
ELIA HERRERA (SBN 293278)
[e-mail]
MUNGER, TOLLES & OLSON LLP
560 Mission Street, 27th Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile:
[phone]

Attorneys for Plaintiff hiQ Labs, Inc.
Attorneys for Defendant LinkedIn
Corporation

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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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19 hiQ Labs, Inc.,
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Case No. 17-cv-03301-EMC
Plaintiff,

vs.

22 LinkedIn Corporation,
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STIPULATION AND [PROPOSED]
ORDER STAYING FURTHER
PROCEEDINGS AND DEADLINES
Judge: Hon. Edward M. Chen

Defendant.

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27 *Affiliation noted for identification purposes only
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17-cv-03301-EMC
STIPULATION AND [PROPOSED] ORDER STAYING FURTHER PROCEEDINGS AND DEADLINES

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STIPULATION AND [PROPOSED] ORDER

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WHEREAS, Plaintiff hiQ Labs, Inc. (“hiQ”) filed the complaint in this action against

3 Defendant LinkedIn Corporation (“LinkedIn”) on June 7, 2017 (ECF No. 1) and served LinkedIn
4 on June 8, 2017 (ECF No. 22);
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WHEREAS, on June 27, 2017, pursuant to stipulation, the Court extended LinkedIn’s

6 deadline to answer or otherwise respond to the complaint to and including July 31, 2017 (ECF No.
7 32);
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WHEREAS, on July 25, 2017, pursuant to stipulation, the Court extended LinkedIn’s

9 deadline to answer or otherwise respond to the complaint to and including 30 days after resolving
10 hiQ’s motion for a preliminary injunction (ECF No. 54);
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WHEREAS, on August 14, 2017, the Court granted hiQ’s motion for a preliminary

12 injunction (ECF No. 63);
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WHEREAS, on September 5, 2017, LinkedIn filed a notice of appeal from the order

14 granting hiQ a preliminary injunction (ECF No. 72);
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WHEREAS, on September 18, 2017, the Court granted hiQ until October 11, 2017 to file

16 its amended complaint and extended LinkedIn’s deadline to answer or otherwise respond to the
17 operative complaint in this matter to 30 days from the date hiQ files its amended complaint (ECF
18 No. 78);
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WHEREAS, LinkedIn’s appeal from the order granting a preliminary injunction (the

20 “Appeal”) is an appeal as of right and has been set for briefing on an expedited schedule pursuant
21 to Ninth Circuit Local Rule 3-3, with briefing scheduled to be completed by November 21, 2017;
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WHEREAS, the resolution of the Appeal will provide significant guidance regarding the

23 critical issues in this case;
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WHEREAS, in the interests of judicial efficiency and conserving the resources of this

25 Court and the parties;
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NOW, THEREFORE, FOR GOOD CAUSE, IT IS HEREBY STIPULATED AND

27 AGREED:
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17-cv-03301-EMC
-2STIPULATION AND [PROPOSED] ORDER STAYING FURTHER PROCEEDINGS AND DEADLINES

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1.

All proceedings and deadlines in the above-captioned case, including but

2 not limited to all deadlines for responses to currently outstanding discovery requests, hiQ’s
3 deadline to file an amended complaint, and LinkedIn’s deadline to answer or otherwise respond to
4 hiQ’s operative complaint, are hereby stayed pending the resolution of the Appeal (the “Stay”);
5

2.

The Stay is effective immediately and shall continue until 30 days after the

6 Appeal is resolved;
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3.

Within 10 days of the Ninth Circuit issuing the mandate , or if the Appeal is

8 resolved in any way other than a way that results in the issuance of a mandate (e.g. settlement,
9 withdrawal or dismissal), the parties shall, within 10 days of such resolution, meet and confer and
10 inform the Court of their plans regarding the best way to proceed in the above-captioned action,
11 and shall jointly request a case management conference.
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4.

The case management conference set for November 16, 2017 is hereby

13 vacated pending resolution of the Appeal.
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5.

The Stay is without prejudice to the parties’ ability to seek clarification

15 regarding the Preliminary Injunction Order and its scope along with any associated order thereto.
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17 DATED: October 10, 2017

FARELLA, BRAUN + MARTELL LLP

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By:

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/s/ Deepak Gupta
DEEPAK GUPTA

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Attorneys for Plaintiff hiQ Labs, Inc.

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23 DATED: October 10, 2017

MUNGER, TOLLES & OLSON LLP

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By:

/s/ Jonathan H. Blavin
JONATHAN H. BLAVIN
Attorneys for Defendant LinkedIn Corporation

17-cv-03301-EMC
-3STIPULATION AND [PROPOSED] ORDER STAYING FURTHER PROCEEDINGS AND DEADLINES

1 N.D. Cal. Civil Local Rule 5-1 Attestation
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3

I, Jonathan H. Blavin, am the ECF user whose credentials were utilized in the electronic

4 filing of this document. In accordance with N.D. Cal. Civil Local Rule 5-1, I hereby attest that
5 Deepak Gupta concurred in the filing of this document.
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7
__/s/ Jonathan H. Blavin__________
Jonathan H. Blavin

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10 PURSUANT TO STIPULATION, IT IS SO ORDERED.

CMC reset from 11/16/17
to 1/11/18 at 9:30 a.m.

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12 DATED: October 12 2017
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17-cv-03301-EMC
-4STIPULATION AND [PROPOSED] ORDER STAYING FURTHER PROCEEDINGS AND DEADLINES