3Taps, Inc. v. Linkedin Corporation

Filing 10

STIPULATION AND ORDER re #9 Staying Further Proceedings and Deadlines filed by LinkedIn Corporation Case Management Statement due by 11/1/2018. Initial Case Management Conference reset for 11/8/2018 10:30 AM in San Francisco, Courtroom 05, 17th Floor. Signed by Judge Edward M. Chen on 3/7/18. (bpf, COURT STAFF) (Filed on 3/7/2018)

1 THOMAS V. CHRISTOPHER (SBN 185928)
[e-mail]
2 THE LAW OFFICES OF THOMAS V.
CHRISTOPHER
3 555 California Street, Suite 4925
San Francisco, California 94104
4 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff 3taps, Inc.
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JONATHAN H. BLAVIN (SBN 230269)
[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]

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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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14 3taps, Inc.,
Plaintiff,

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Case No. 18-cv-00855-EMC

vs.

17 LinkedIn Corporation,
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Defendant.

STIPULATION AND [PROPOSED]
ORDER STAYING FURTHER
PROCEEDINGS AND DEADLINES
Judge: Hon. Edward M. Chen
Action Filed:
Trial Date:

February 8, 2018
None Set

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18-cv-00855-EMC
STIPULATION AND [PROPOSED] ORDER STAYING FURTHER PROCEEDINGS AND DEADLINES

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STIPULATION AND [PROPOSED] ORDER

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WHEREAS, Plaintiff 3taps, Inc. (“3taps”) filed the complaint in the above-captioned

3 action (the “3taps Action”) against Defendant LinkedIn Corporation (“LinkedIn”) on February 8,
4 2018 (“Complaint,” ECF No. 1);
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WHEREAS, on February 14, 2018, 3taps moved to relate the 3taps Action to hiQ Labs,

6 Inc. v. LinkedIn Corp., No. 17-cv-03301-EMC (the “hiQ Action”) (see ECF No. 97 in No. 17-cv7 03301-EMC);
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WHEREAS, on February 23, 2018, the 3taps Action was reassigned to this Court as related

9 to the hiQ Action;
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WHEREAS, an appeal in the hiQ Action is currently pending in the Court of Appeals for

11 the Ninth Circuit, and the hiQ action is currently stayed pending that appeal (No. 17-16783, the
12 “hiQ Appeal”);
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WHEREAS, the parties agree that a stay is in the interests of judicial efficiency and

14 conserving the resources of this Court and the parties;
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NOW, THEREFORE, FOR GOOD CAUSE, IT IS HEREBY STIPULATED AND

16 AGREED:
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1.

All proceedings, all discovery, and all deadlines in the above-captioned

18 case, including but not limited to LinkedIn’s deadline to answer or otherwise respond to the
19 Complaint, are hereby stayed pending the resolution of the hiQ Appeal (the “Stay”);
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2.

The Stay is effective immediately and shall expire upon the Expiration

21 Date, which is defined as either (a) the day after the Court of Appeals for the Ninth Circuit issues
22 an opinion on the merits in the hiQ Appeal, or (b) if the hiQ Appeal is resolved in any way other
23 than a way that results in the issuance of a mandate—such as settlement, withdrawal or
24 dismissal—the day after the hiQ Appeal is dismissed from the Ninth Circuit’s docket;
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3.

LinkedIn shall have 45 days from the Expiration Date to answer or

26 otherwise respond to the Complaint;
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18-cv-00855-EMC
-2STIPULATION AND [PROPOSED] ORDER STAYING FURTHER PROCEEDINGS AND DEADLINES

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4.

If LinkedIn’s first response to the Complaint is a motion to dismiss, 3taps

2 shall have 30 days from the date that LinkedIn files such motion to file a brief in opposition to
3 LinkedIn’s motion, and LinkedIn shall have 14 days thereafter to file a brief in reply;
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5.

Within 10 days of the Expiration Date, the parties shall inform the Court

5 that the Ninth Circuit has issued an opinion regarding the hiQ Appeal and shall jointly request a
6 case management conference;
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6.

The case management conference set for March 29, 2018 is hereby vacated

8 pending resolution of the hiQ Appeal;
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7.

All parties reserve all rights and arguments, including the right to apply to

10 the Court to extend any deadline recited herein.
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12 DATED: March 6, 2018
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THE LAW OFFICES OF THOMAS V.
CHRISTOPHER

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By: /s/ Thomas V. Christopher
THOMAS V. CHRISTOPHER

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Attorneys for Plaintiff 3taps, Inc.

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DATED: March 6, 2018

MUNGER, TOLLES & OLSON LLP

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

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18-cv-00855-EMC
-3STIPULATION AND [PROPOSED] ORDER STAYING FURTHER PROCEEDINGS AND DEADLINES

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2 N.D. Cal. Civil Local Rule 5-1 Attestation
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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 Thomas V. Christopher concurred in the filing of this document.
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/s/ Jonathan H. Blavin
Jonathan H. Blavin

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-4STIPULATION AND [PROPOSED] ORDER STAYING FURTHER PROCEEDINGS AND DEADLINES

1 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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3 DATED: March ___, 2018

S

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Judge E

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IT IS
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The CMC is reset from
3/29/18 to 11/8/18 at
10:30 a.m. A joint cmc
statement shall be filed by
11/1/18.

N

D IS T IC T
R

OF

C

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-5STIPULATION AND [PROPOSED] ORDER STAYING FURTHER PROCEEDINGS AND DEADLINES