FreecycleSunnyvale v. The Freecycle Network

Filing 79

- Stipulated Request for Order Changing Time under Civil L.R. 6-2 by The Freecycle Network. (Bandyopadhyay, Esha) (Filed on 7/27/2007) Modified on 7/30/2007 (cp, COURT STAFF).

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FreecycleSunnyvale v. The Freecycle Network Doc. 79 Case 4:06-cv-00324-CW Document 79 Filed 07/27/2007 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PAUL J. ANDRE, Bar No. 196585 (pandre@perkinscoie.com) LISA KOBIALKA, Bar No. 191404 (lkobialka@perkinscoie.com) ESHA BANDYOPADHYAY, Bar No. 212249 (ebandyopadhyay@perkinscoie.com) SEAN M. BOYLE, Bar No. 238128 (sboyle@perkinscoie.com) PERKINS COIE LLP 101 Jefferson Drive Menlo Park, CA 94025 Telephone: (650) 838-4300 Facsimile: (650) 838-4350 Attorneys for Defendant and Counterclaimant THE FREECYCLE NETWORK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION FREECYCLESUNNYVALE, a California unincorporated association, Plaintiff, v. THE FREECYCLE NETWORK, an Arizona corporation, Defendant. THE FREECYCLE NETWORK, INC., an Arizona Corporation, Counterclaimant, v. FREECYCLESUNNYVALE, a California unincorporated association, Counterdefendant. CASE NO. C06-00324 CW STIPULATED REQUEST FOR ORDER CHANGING TIME UNDER CIVIL L.R. 6-2 Before: Honorable Claudia Wilken STIPULATED REQUEST FOR ORDER CHANGING TIME UNDER CIVIL L.R. 6-2 CASE NO. C06-00324 CW Dockets.Justia.com Case 4:06-cv-00324-CW Document 79 Filed 07/27/2007 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 the hearing date on FreecycleSunnyvale's Motion for Summary Adjudication Under Federal Rule of Civil Procedure 56 ("Motion"). I. INTRODUCTION FreecycleSunnyvale's Motion is currently scheduled to be heard on August 23, 2007. For the following reasons, The Freecycle Network and FreecycleSunnyvale respectfully request that the hearing date be changed to September 6, 2007. II. REASONS FOR THE REQUESTED ENLARGEMENT OF TIME As stated above, the hearing on FreecycleSunnyvale's Motion is currently set for August 23, 2007. However, each attorney representing The Freecycle Network has a conflict on this specific date. The Freecycle Network's counsel will, as a result, be unavailable on the date of the hearing. Additionally, The Freecycle Network intends to file a cross-motion to the extent it is unable to resolve its differences on a discovery issue that directly impacts the Motion. The parties have been meeting and conferring on this issue and have agreed to work together to resolve their respective issues regarding the cross-motion. Counsel for both parties are available for a hearing on September 6, 2007. III. DISCLOSURE OF PREVIOUS TIME MODIFICATIONS While the parties to this matter have previously sought orders modifying deadlines in this case, the present joint stipulation is the first request for a time modification specific to Plaintiff's Motion. Prior requests for modification have pertained generally to the deadline within which to complete court-connected mediation and the discovery cutoff. See Order (June 2, 2006; Docket No. 35); Order (August 1, 2006; Docket No. 44); Order (October 3, 2006; Docket No.57); Order (December 22, 2006; Docket No. 62); Order (April 3, 2007; Docket No. 65). IV. EFFECT OF THE TIME MODIFICATION ON THE SCHEDULE OF THE CASE On July 28, 2007, this Court signed an Order Changing Time for Fact Discovery Cutoff and Other Deadlines, extending the deadline to file dispositive motions to January 10, 2008. Order (July 26, 2007; Docket No. 78). Accordingly, changing the hearing date on Plaintiff's -2STIPULATED REQUEST FOR ORDER CHANGING TIME UNDER CIVIL L.R. 6-2 CASE NO. C06-00324 CW Case 4:06-cv-00324-CW Document 79 Filed 07/27/2007 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Motion to September 13, 2007, four months prior to the deadline to submit dispositive motions, will not impact the remaining schedule for this case. V. CONCLUSION For the foregoing reasons, the parties respectfully request an order changing time that changes the hearing date on Plaintiff's Motion from August 23, 2007, to September 6, 2007. Dated: July 27, 2007 PERKINS COIE LLP PAUL J. ANDRE LISA KOBIALKA ESHA BANDYOPADHYAY SEAN M. BOYLE By: /s/ Esha Bandyopadhyay Esha Bandyopadhyay Dated: July 27, 2007 Attorneys for Defendant THE FREECYCLE NETWORK, INC. MAYER, BROWN, ROWE & MAW LLP IAN N. FEINBERG DENNIS S. CORGILL ERIC B. EVANS By: /s/ Dennis S. Corgill Dennis S. Corgill Attorneys for Plaintiff FREECYCLESUNNYVALE Filer's Attestation: Pursuant to General Order No. 45, Section X(B), the filer hereby attests that the signatories' concurrence in the filing of this document has been obtained. - 3STIPULATED REQUEST FOR ORDER CHANGING TIME UNDER CIVIL L.R. 6-2 CASE NO. C06-00324 CW

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