Western Directories, Inc. v. Golden Guide Directories, Inc. et al

Filing 44

ORDER re 41 granting Joint Stipulation To Extend Briefing Schedule And Temporary Restraining Order Pending Preliminary Injunction Hearing. Signed by Judge Claudia Wilken on 5/19/09. (scc, COURT STAFF) (Filed on 5/19/2009)

1 BRYAN CAVE LLP

2 3161 Michelson Drive, Suite 1500 3 Telephone:

Stuart W. Price, California Bar No. 125918

Irvine, California 92612-4414 [phone] Facsimile: [phone] [e-mail] 4 Email:

5 BRYAN CAVE LLP

6 David N. de Ruig, California Bar No. 258005 7 San Francisco, CA 94111-3907 8 Facsimile: 9 Email:
Bryan Cave LLP Two Embarcadero Center, Suite 1410 201 Clay Street San Francisco, CA 94111-3907

James Goldberg, California Bar No. 107990 Two Embarcadero Center, Suite 1410 Telephone: Email:

[phone] [phone] [e-mail] [e-mail]

10 Attorneys for Plaintiff 11

WESTERN DIRECTORIES, INC. T. Troy Otus, California Bar No. 148411 533 Airport Blvd., Suite 505

12 ATTORNEY AND COUNSELOR AT LAW 13 Burlingame, California 94010 14 Defendant in Pro Per 15 Kevin Tisdale
c/o Otus & Associates

16 533 Airport Blvd., Suite 505 17
Defendant in Pro Per &

Burlingame, California 94010

18 On behalf of Golden Guide Directories, Inc. 19 20
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. CV 09-01625 CW (EDL) JOINT STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE AND TEMPORARY RESTRAINING ORDER PENDING PRELIMINARY INJUNCTION HEARING

21 WESTERN DIRECTORIES, INC. 22 23
Plaintiff, vs. WEST COAST YELLOW PAGES, INC., OTUS,

24 GOLDEN GUIDE DIRECTORIES, INC., 25 KEVIN TISDALE, MIKE MASON, and TROY 26 27 28
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Defendants.

1
STIPULATION AND [PROPOSED] ORDER

1 2

STIPULATION This Stipulation is entered into by Plaintiff WESTERN DIRECTORIES, INC. ("Plaintiff")

3 and Defendants GOLDEN GUIDE DIRECTORIES, INC. ("Golden Guides"), KEVIN TISDALE 4 ("Tisdale"), and TROY OTUS ("Otus") (collectively, "Defendants"). 5
WHEREAS, on April 14, 2009, Plaintiff filed a Complaint in the United States District Court

6 for the Northern District of California, Case No. 4:09-CV-01625-CW; 7
WHEREAS, on April 15, 2009, Plaintiff filed a Notice of Application and Application for a

8 Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction, including 9 supporting declarations and request for expedited discovery;
Bryan Cave LLP Two Embarcadero Center, Suite 1410 201 Clay Street San Francisco, CA 94111-3907

10

WHEREAS, this Court issued a Temporary Restraining Order and Order to Show Cause on

11 April 29, 2009 and set a briefing schedule as follows: 12
1. Defendants' Opposition to Plaintiff's Motion for a Preliminary Injunction must be

13 filed by May 7, 2009. 14 15 16 p.m.; 17
WHEREAS, a hearing on Plaintiff's Motion for Leave to Conduct Expedited Discovery was 2. 3. Plaintiff's Reply to Defendants' Opposition must be filed by May 14, 2009. Plaintiff's Motion for a Preliminary Injunction will be heard on May 21, 2009 at 2:00

18 held on May 5, 2009, at 9:00 a.m., the Honorable Magistrate Judge Elizabeth D. Laporte presiding. 19 Judge Laporte issue an Order granting Plaintiff's Motion for Leave to Conduct Expedited 20 Discovery; 21
WHEREAS, Defendants filed their Opposition to Plaintiff's Motion for a Preliminary

22 Injunction on May 11, 2009, four days after the date required by this Court's Order; 23
WHEREAS, Plaintiff's were unable to examine Defendant Kevin Tisdale regarding

24 Defendants' Opposition at the deposition of Kevin Tisdale held on Monday, May 11, 2009; 25 26
NOW, THEREFORE, Plaintiff and Defendants desire and hereby STIPULATE as follows: 1. Plaintiff shall have until, and including, Monday, May 18, 2009 to file a Reply to

27 Defendants' Opposition. 28
2.
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If this Court determines that it is necessary to continue the hearing on Plaintiff's

2
STIPULATION AND [PROPOSED] ORDER

1 Motion for Preliminary Injunction, Plaintiff and Defendants agree that the Temporary Restraining 2 Order issued by the Court shall remain in effect until a hearing on Plaintiff's Motion for Preliminary 3 Injunction. 4 IT IS SO STIPULATED. 5 6 Dated: May 19, 2009 7 8 9 Dated: May 19, 2009
Bryan Cave LLP Two Embarcadero Center, Suite 1410 201 Clay Street San Francisco, CA 94111-3907

By: _____________________ Troy Otus Defendant in Pro Per

10 11 12 13 Dated: May 19, 2009 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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By: _____________________ Kevin Tisdale Defendant in Pro Per, and on behalf of Golden Guide Directories, Inc.

BRYAN CAVE LLP By: James Goldberg Attorneys for Plaintiff WESTERN DIRECTORIES, INC.

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STIPULATION AND [PROPOSED] ORDER

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ORDER Having reviewed the Stipulation of Plaintiff WESTERN DIRECTORIES, INC. and

3 Defendants GOLDEN GUIDE DIRECTORIES, INC., KEVIN TISDALE, and TROY OTUS 4 (collectively, "Defendants"), and good cause appearing, IT IS ORDERED THAT: 5
1. Plaintiff Western Directories, Inc. shall have until, and including, Monday, May 18,

6 2009 to file a Reply to Defendants' Opposition. 7
2. This Court's Order, dated April 29, 2009, granting a Temporary Restraining Order

8 and Order to Show Cause shall remain in effect until a hearing on Plaintiff's Motion for Preliminary 9 Injunction.
Bryan Cave LLP Two Embarcadero Center, Suite 1410 201 Clay Street San Francisco, CA 94111-3907

10 11 12
5/19/09 __________________________________________ United States District Judge Claudia Wilken

13 Dated: _______________ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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STIPULATION AND [PROPOSED] ORDER