Xiaoning et al v. Yahoo! Inc, et al

Filing 9

MOTION to Shorten Time ON ITS MOTION FOR AN EARLY CASE MANAGEMENT CONFERNECE AND PROOSED ORDER filed by Yahoo! Inc.. Motion Hearing set for 7/26/2007 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Petrocelli, Daniel) (Filed on 6/21/2007) Modified on 6/22/2007 (cp, COURT STAFF).

Xiaoning et al v. Yahoo! Inc, et al

Doc. 9

Case 4:07-cv-02151-CW 1 2 3 4 5 6 7 8

Document 9

Filed 06/21/2007

Page 1 of 4

DANIEL M. PETROCELLI ( s.^. #9702) dpetrocelli ^,omm.com

MATTHEW T. KLINE ( s.^. #2 ^ 1640)
mkline ^,om^^.co^n

O'MELVENY & MYERS LLP 1999 Avenue Of The Stars Los Angeles , California 90067-6035 Main Number : [phone] Facsimile : [phone] Attorneys for Defendant YAHOO!, INC. and Specially Appearing Defendant YAHOO! HOLDINGS (HONG KONG), LTD. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION WANG XIAONING, YU LING, SHI TAO, and ADDITIONAL PRESENTLY UNNAMED AND TO BE IDENTIFIED INDIVIDUALS, Plaíntíf Case No. CQ7-02151 CW DEFENDANT YAHOO!, ING'S MOTION TO SHORTEN TIME ON ITS MOTION FOR AN EARLY CASE MANAGEMENT CONFERENCE AND ORDER; PROPOSED ORDER Judge: Hon. Claudia Wilken YAHOO!, INC., a Delaware Corporation, YAHOO! HOLDINGS (HONG KONG}, LTD., a Foreign Subsidiary of Yahoo!, ALIBABA.COM, INC. a Delaware Corporation , AND OTHER PRESENTLY UNNAMED AND TO BE IDENTIFIED INDIVIDUAL EMPLOYEES OF SAID CORPORATIONS, Defendant.

v.

col-o^^s^ cw
YAHOO!'S MOT. TO SHORTEN TIME ON ITS MOT. FOR AN EARLY CMO

Dockets.Justia.com

Case 4:07-cv-02151-CW 1 2 3 4 5 6 7 8

Document 9

Filed 06/21/2007

Page 2 of 4

Pursuant to Civil Local Rules 6-1, ^-3, 7-l, and 7-I 1, 16-2(d) defendant Yahoo!, Inc. ("Yahoo!) moves for an order shortening the time on which its concurrently filed Motion For An Early Case Management Conference And Order ("CMO Motion") will be heard from July 26, 2007, at 2 p.m., to July 2, 2007, at a time to be set by the Court. The reasons for these two requests are as follows: · First, this complex case could greatly benefit from a case management order, for the

reasons set forth ín Yahoo!'s CMO Motion. At least one defendant appears improperly named; another is not subject to personal jurisdiction. These and other threshold issues should be addressed ín a "Phase I" of this case, while the Court seeks the input of the political branches on policy questions that might affect the legal ìssues to be briefed ín Phase II, such as whether plaintiffs have stated cognizable claims under the Alien Tort Statute and whether this case is justiciable. · Second, a ruling made by the Court on July 2 could avoid substantial unnecessary work

ín preparing responsive motions during the month of July and allow the parties to take full advantage of the efficiencies to be realized by the proposed schedule. If the proposed schedule ís adopted on July 2, defendants can devote the month of July to briefing the Phase I issues identified ín the CMO Motion, and save work on the Phase II issues for subsequent months. If the proposed schedule is rejected, defense counsel wí11 need to spend substantial time preparing argument on these potentially moot Phase II issues ín order to brief them by July 27, 2007, the current due date for all responsive pleadings and motions. · Third, íf Yahoo!'s CMO Motion ís heard on the normal time schedule, the motion wí11

be heard July 26, 2007 just one day before defendants' responsive pleadings are due. · Fourth, Yahoo! has tried to propose a shortened time schedule that affords plaintiffs

time to respond in writing to Yahoo!'s CMO motion, while also allowing Yahoo!'s lead counsel, Daniel Petrocelli, to attend and participate. July 2, 2007 is the last day Daniel Petrocelli ís available before he leaves the country for along-planned, three-week family

28

vacation.
C07-02151 CW YAHOO!'S MOT. TO SHORTEN TIME ON ITS MOT. FORAN EARLY CMO

Case 4:07-cv-02151-CW

Document 9

Filed 06/21/2007

Page 3 of 4

1 2 3 4 5 6 7 8

Alíbaba.com, Inc. joins this motion. Plaintiffs oppose the relief sought for the reasons stated ín Daniel Petrocellí's declaration accompanying this motion. Yahoo! makes this motion without prejudice to its CMO Motion, which absent granting this request for shortened time ís noticed to be heard July 26, 2007. Dated: June 21, 2007 DANIEL M. PETROCELLI MATTHEW T. KLINE O'MELVENY & MYERS LLP

By: Daniel M. Petrocelli Attorneys for Defendant YAHOO!, INC.

Coy-o^ I s I cw
YAHOO!'S MOT. TO SHORTEN TIME ON ITS MOT. FOR AN EARLY CMO

-2

Case 4:07-cv-02151-CW

Document 9

Filed 06/21/2007

Page 4 of 4

1 2 3 4 5

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION WANG XIAONING, YU LING, SHI TAO, and ADDITIONAL PRESENTLY LNNAMED AND TO BE IDENTIFIED INDIVIDUALS, Plaintiff, Case No. C07-02151 CW [PROPOSED ] OØER REGARDING DEFENDANT YAHOO!, ING'S MOTION TO SHORTEN TIME ON ITS MOTION FOR AN EARLY CASE MANAGEMENT CONFERENCE AND ORDER Judge: Hon. Claudía Wílken YAHOO!, INC., a Delaware Corporation, YAHOO! HOLDINGS (HONG KONG), LTD., a Foreign Subsidiary of Yahoo!, ALIBABA.COM, INC. a Delaware Corporation, AND OTHER PRESENTLY UNNAMED AND TO BE IDENTIFIED INDIVIDUAL EMPLOYEES OF SAID CORPORATIONS, Defendant.

6
v.

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
cc : ^ ^ s ^ o

Having considered Defendant Yahoo!, Inc's Motion To Shorten Tíme On Its Motion For An Early Case Management Conference And Order, the declaration of Daniel M. Petrocellí filed in support thereof, the papers filed ín response thereto, all other argument, and the entire record ín this case, ít is hereby ORDERED that Yahoo!'s Motion to Shorten Tíme is: GRANTED ,and the hearing on Defendant Yahoo!, Inc's Motion For An Early

Case Management Conference and Order wí11 be held, Monday, July 2, 2007, at DENIED SIGNED on the day of , 200?.

The Honorable Claudía Wilken Judge, United States District Court for the Northern District of California

col-o^^s^ cw
[PROPOSED] OØER RE; YAHOO!'S MOT. TO SHORTEN TIME