FreecycleSunnyvale v. The Freecycle Network

Filing 66

Stipulated Request for Order Changing Time Under Civil L.R. 6-2 by The Freecycle Network. (Andre, Paul) (Filed on 7/17/2007) Modified on 7/18/2007 (cp, COURT STAFF).

FreecycleSunnyvale v. The Freecycle Network

Doc. 66

Case 4:06-cv-00324-CW

Document 66

Filed 07/17/2007

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PAUL J. ANDRE, Bar No. 196585
(pandre(a).perkinscoie.com)

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LISA KOBIALKA, Bar No. 191404
[e-mail])

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ESHA BANDYOPADHYAY, Bar No. 212249
([e-mail]') (sbovle@.Derkinscoie.com) PERKINS COIE LLP 101 Jefferson Drive Menlo Park, CA 94025

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SEAN M. BOYLE, Bar No. 238128

Telephone: Facsimile:

[phone] [phone]

Attorneys for Defendant and Counterclaimant THE FREECYCLE NETWORK, INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

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FREECYCLESUNNYVALE,

CASENO.C06-00324CW

a California unincorporated association,
Plaintiff,
v.

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STIPULATED REQUEST FOR ORDER CHANGING TIME UNDER CIVIL L.R. 6-2

THE FREECYCLE NETWORK,

an Arizona corporation,
Defendant.

Before: Honorable Claudia Wilken

THE FREECYCLE NETWORK, INC., an Arizona Corporation, Counterclaimant,
v.

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FREECYCLESUNNYVALE, a California unincorporated association,
Counterdefendant.

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STIPULATED REQUEST FOR ORDER CHANGING TIME CASE NO. C06-00324 CW

Dockets.Justia.com

Case 4:06-cv-00324-CW

Document 66

Filed 07/17/2007

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PURSUANT TO CIVIL L.R. 6-2, Defendant The Freecycle Network, Inc. ("The
Freecycle Network") and Plaintiff FreecycleSunnyvale ("FreecycleSunnyvale ") respectfully
request this Court to enter an order changing time.
I. INTRODUCTION

The above-captioned lawsuit concerns The Freecycle Network's claim of trademark rights
over the term "freecycle," the phrase "The Freecycle Network," and a stylized logo depicting the
term "freecycle." FreecycleSunnyvale seeks a declaration of non-infringement or, in the

alternative, a declaration that the alleged trademarks are generic or that The Freecycle Network
has engaged in naked licensing. The Freecycle Network has filed counterclaims, alleging

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trademark infringement, contributory infringement, and unfair competition under the Lanham
Act, as well as California state-law claims for unfair competition. Counsel for both parties appear pro bono. This Court's Case Management Order presently sets the fact discovery cutoff for

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August 3,2007. See Order (April 3, 2007; Document # 65). For the following reasons, The

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Freecycle Network and FreecycleSunnyvale respectfully request a ninety (90) day extension of
the fact discovery cutoff for the limited purpose of completing previously noticed depositions, and all other deadlines in the Case Management Order.
II. REASONS FOR THE REQUESTED ENLARGEMENT OF TIME

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The parties' request for an extension of the fact discovery cutoff is limited to the sole
purpose of completing party and non-party depositions previously noticed. Due to witness

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unavailability, party and non-party witnesses whose depositions were noticed in advance of the
current discovery cutoff of August 3,2007, will not be available for deposition prior to August 3rd. Should the Court grant the parties request for a ninety (90) day extension to the current

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discovery cutoff, however, the parties have agreed that they will not propound any further written
discovery requests or deposition notices.
In addition, assuming that fact discovery will be extended, the other deadlines in this

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Court's Case Management Order should be similarly extended by ninety (90) days.
III. DISCLOSURE OF PREVIOUS TIME MODIFICATIONS

STIPULATED REQUEST FOR ORDER CHANGING TIME CASE NO. C06-00324 CW

Case 4:06-cv-00324-CW

Document 66

Filed 07/17/2007

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Case 4:06-cv-00324-CW

Document 66

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The parties' proposed order will not affect the ADR process in this Court. On June 13, 2006, the parties engaged in court-connected mediation, which was conducted by William N. Herbert, Esq. In addition, during the months of January to April, 2007, the parties engaged in
mediation through the Ninth Circuit's mediation program by virtue of a related case which is on

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appeal to the Ninth Circuit, in an attempt to reach a global settlement including the action before

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this Court. Both attempts at mediation have been unsuccessful in settling the lawsuit or
narrowing the issues to be litigated.
V. CONCLUSION

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For the foregoing reasons, the parties respectfully request an order changing time that

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grants an approximately ninety (90) day extension of the fact discovery cutoff for the limited purpose of completing previously noticed depositions, and all other deadlines in the Case
Management Order.

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Dated: July 17,2007

PERKINS COIE LLP

PAUL J.ANDRE

LISA KOBIALKA SEAN M.BOYLE

ESHA BANDYOPADHYAY
By: /s/_ Esha Bandyopadhyay

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Attorneys for Defendant THE FREECYCLE NETWORK, INC.

Dated: July 17,2007

MAYER, BROWN, ROWE & MAW LLP
IAN N. FEINBERG DENNIS S. CORGILL ERIC B.EVANS

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By:

Dennis S. Corgill

/s/_

Attorneys for Plaintiff

FREECYCLESUNNYVALE

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Filer's Attestation: Pursuant to General Order No. 45, Section X(B), the filer hereby attests that the signatories' concurrence in

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the filing of this document has been obtained.

STIPULATED REQUEST FOR ORDER CHANGING TIME CASE NO. C06-O0324 CW