craigslist, Inc. et al v. Autoposterpro, Inc. et al

Filing 18

STIPULATION AND CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for 3/25/2009 02:45 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 1/30/09. (lrc, COURT STAFF) (Filed on 1/30/2009)

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Brian Hennessy (SBN 226721) E-mail: [e-mail] Perkins Coie LLP 101 Jefferson Drive Menlo Park, CA 94025-1114 Telephone: [phone] Facsimile: [phone] Elizabeth L. McDougall, WA Bar No. 27026 (pro hac vice) E-mail: [e-mail] Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, Washington 98101-3099 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff craigslist, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

craigslist, Inc., a Delaware corporation, Plaintiff, v. Autoposterpro, Inc., PostingExperts, Inc., John Doe d/b/a craigslistadsstore.com and craigslistpromoting.com, and Does 2 through 25, inclusive, Defendants. Case No. CV 08 05069 SBA STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE Date: Time: Dept: Before: February 11, 2009 3 p.m. Courtroom 3, 3rd Floor Honorable Saundra B. Armstrong

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WHEREAS, on November 5, 2008, craigslist, Inc. filed suit against Defendants Autoposterpro, Inc., PostingExperts, Inc., John Doe d/b/a craigslistadsstore.com and craigslistpromoting.com, and Does 2 through 25, inclusive for various causes of action alleging their operation of the websites autoposterpro.com, postingexperts.com, craigslistadsstore.com, and craigslistpromoting.com, which, among other things, offered to post advertisements to craigslist on behalf of their customers in violation of craigslist's Terms of Use. WHEREAS, the Case Management Conference is currently scheduled for February 11,

WHEREAS, craigslist represents that on November 12, 2008, it attempted service on Defendants Autoposterpro, Inc. and PostingExperts, Inc. at 1420 W Holt Boulevard, Ontario CA 91762, an address provided on both of their respective websites. The address provided was false. WHEREAS, on November 21, 2008, craigslist filed its Motion for Leave to Take Discovery Prior to the Rule 26 Conference. (ECF Docket Entry 10). WHEREAS, on December 11, 2008, the Court granted craigslist's Motion for Leave to Take Discovery Prior to the Rule 26 Conference. (ECF Docket Entry 16). WHEREAS, craigslist represents that it served subpoenas on StartLogic, Inc., GoDaddy.com, Inc., and Domains By Proxy, Inc., on December 12, 2008 requesting identifying information, including contact information, for the individuals or entities responsible for the autoposterpro.com, postingexperts.com, craigslistadsstore.com, and craigslistpromoting.com websites. WHEREAS, craigslist represents that it received responses to the Domains By Proxy and GoDaddy.com subpoenas on December 29, 2008, and to the StartLogic subpoena on December 15, 2008. WHEREAS, craigslist represents that based on the information provided, as well as information gathered through craigslist's investigation, on December 16, 2008, craigslist served Roman Hossain as one of the John Doe Defendants.

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WHEREAS, counsel for craigslist and counsel for Roman Hossain have conferred regarding the lawsuit and have stipulated that craigslist shall file an amended complaint naming Roman Hossain as an individual defendant. WHEREAS, in light of the foregoing, the parties stipulate to continue the Case Management Conference and to the proposed scheduling dates provided below. Now therefore, the parties, through the undersigned counsel, hereby stipulate and agree as follows: (1) craigslist will file an amended complaint naming Roman Hossain as a party on or before February 3, 2009; (2) Roman Hossain will file his response to the amended complaint on or before February 17, 2009; (3) The parties will hold their Federal Rule of Civil Procedure 26(f) Conference on February 19, 2009 at 10am. (4) The parties will serve their Initial Disclosures and file their Joint Case Management Statement And Rule 26 Report on March 5, 2009. (5) The parties stipulate to continue the Case Management Conference to a date as the Court's calendar permits on or after March 19, 2009.

IT IS SO STIPULATED.

DATED: January 28, 2009

PERKINS COIE LLP By: /s/ Brian Hennessy Brian Hennessy (SBN 226721) [e-mail] Elizabeth L. McDougall (WA Bar No. 27026) [e-mail] Attorneys for Plaintiff craigslist, Inc.

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DATED: January 28, 2009

HYDE & SWIGART By: /s/ Joshua B. Swigart Joshua B. Swigart (SBN 225557) [e-mail] Attorneys for Roman Hossain

I, Brian Hennessy, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the concurrence to the filing of this document has been obtained from each signatory hereto. DATED: January 28, 2008 PERKINS COIE LLP By: /s/ Brian Hennessy Brian Hennessy (SBN 226721) [e-mail] Attorneys for Plaintiff craigslist, Inc.

PURSUANT TO STIPULATION, IT IS SO ORDERED. IT IS FURTHER ORDERED THAT the initial Case Management Conference, which was originally scheduled for February 11, 2009 is CONTINUED TO March 25, 2009 at 2:45 p.m.. The parties shall meet and confer prior to the conference and shall prepare a joint Case Management Conference Statement which shall be filed no later than ten (10) days prior to the Case Management Conference that complies with the Standing Order For All Judges Of The Northern District Of California and the Standing Order of this Court. Plaintiffs shall be responsible for filing the statement as well as for arranging the conference call. All parties shall be on the line and shall call [phone] at the above indicated date and time.

Dated: 1/30/09

_______________________________ Honorable Saundra Brown Armstrong

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