Zynga Game Network Inc v. Bling

Filing 38

ORDER re 34 Granting Stipulated Request to Continue Fact Discovery Deadline. Signed by Judge Claudia Wilken on 10/7/2010. (ndr, COURT STAFF) (Filed on 10/7/2010)

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

Larry W. McFarland (Bar No. 129668) E-Mail: [e-mail] Dennis Wilson (Bar No. 155407) E-Mail: [e-mail] David K. Caplan (Bar No. 181174) E-Mail: [e-mail] Christopher Varas (Bar No. 257080) E-Mail: [e-mail] KEATS McFARLAND & WILSON LLP 9720 Wilshire Boulevard Penthouse Suite Beverly Hills, California 90212 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff ZYNGA GAME NETWORK INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

ZYNGA GAME NETWORK INC. Plaintiff, v. CHIRAG KENIA, A/K/A DANNY BLING, an individual; and K-VALUEMART INDIA PVT. LTD., an Indian entity,, Defendants.

CASE NO. CV 09-3263 CW (EMC) NOTICE OF SETTLEMENT IN PRINCIPLE AND STIPULATED REQUEST TO STAY LITIGATION; and ORDER

CASE NO. CV 09-3263 CW (EMC) NOTICE OF SETTLEMENT IN PRINCIPLE AND STIPULATION AND PROPOSED ORDER REGARDING STAY

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 -1CASE NO. CV 09-3263 CW (EMC) NOTICE OF SETTLEMENT IN PRINCIPLE AND STIPULATION AND PROPOSED ORDER REGARDING STAY

Plaintiff Zynga Game Network Inc. ("Zynga") and defendants Chirag Kenia and KValuemart Retail India Pvt. Ltd. ("Defendants") (Zynga and Defendants are collectively referred to as the "Parties") submit this stipulated request to continue the fact discovery deadline in this matter. WHEREAS: The Parties have reached a settlement in principle and expect to execute settlement documents within the next two weeks; and WHEREAS: Defendants have filed a motion to dismiss that is set for hearing on October 28, 2010; and WHEREAS: Plaintiff's opposition to Defendants' motion is due on October 7; and WHREAS: Both Parties have served discovery requests that remain outstanding; and

WHEREAS: The Parties believe that an immediate stay of this litigation will allow them to complete a settlement without the need to expend their own, or the Court's, time and resources addressing the upcoming deadlines in the case; and WHEREAS: The Parties agree to cooperate in presenting a revised proposed scheduling order to the Court in the unlikely event that they are unable to finalize a settlement. // // // // // // // // // //

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

THEREFORE, the Parties stipulate and respectfully request that the Court stay this litigation until the Parties have either finalized a settlement or have submitted a proposed revised scheduling order to the Court. IT IS SO STIPULATED KEATS McFARLAND & WILSON LLP Dated: October 5, 2010 By: Christopher T. Varas Attorneys for Plaintiff ZYNGA GAME NETWORK INC. STRASSBURG, GILMORE & WEI LLP Dated: October 5, 2010 By: William Gilmore Attorneys for Defendants CHIRAG KENIA and K-VALUEMART INDIA PVT. LTD. PURSUANT TO STIPULATION, IT IS SO ORDERED. Pending the conclusion of settlement negotiations between the Parties, the Defendants' pending motion to dismiss is removed from the Court's calendar, and shall be reset if necessary pursuant to a stipulation of the Parties and this Court's order. All discovery in this matter is stayed, and the Parties shall stipulate to revised discovery deadlines if necessary, such deadlines to be submitted to the Court along with any revised proposed scheduling order. The case management conference remains on calendar for Jan. 6, 2011, but will be vacated if the case settles. ENTERED THIS 7th DAY OF October, 2010 _____________________________________ The Honorable Claudia Wilken, United States District Judge

-2-

CASE NO. CV 09-3263 CW (EMC) NOTICE OF SETTLEMENT IN PRINCIPLE AND STIPULATION AND PROPOSED ORDER REGARDING STAY