Zane Publishing, Inc. v. J.C. Research, Inc. et al

Filing 34

STIPULATION AND ORDER. Signed by Judge ARMSTRONG on 4/12/10. (lrc, COURT STAFF) (Filed on 4/13/2010)

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

THOMAS R .BURKE (CA State Bar No. 141930) DAVIS WRIGHT TREMAINE LLP 505 Montgomery Street, Suite 800 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Third Party Defendant DISCOVERY COMMUNICATIONS, LLC

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ZANE PUBLISHING, INC., A Texas Corporation, Plaintiff, v. J.C. RESEARCH, INC., d/b/a FOGWARE PUBLISHING, a California Corporation and INNOVATIVE KNOWLEDGE, INC., a California Corporation, Defendants. J.C. RESEARCH, INC., d/b/a FOGWARE PUBLISHING, a California Corporation and INNOVATIVE KNOWLEDGE, INC., a California Corporation, Third Party Plaintiffs, v. DISCOVERY COMMUNICATIONS, LLC, A Delaware limited liability company, Third Party Defendant. WHEREAS, Zane Publishing, Inc. ("Plaintiff") filed a complaint in the above-captioned matter against J.C. Research, Inc. d/b/a/ Fogware Publishing and Innovative Knowledge, Inc. (collectively "Defendants/Third Party Plaintiffs") on September 4, 2009; 1
Case No. CV-09-4115 SBA
JOINT STUPILATED REQUEST FOR ORDER CHANGING TIME

Case No.: CV-09-04115 SBA

JOINT STUPILATED REQUEST FOR ORDER CHANGING TIME AND (ORDER)

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

WHEREAS, on September 4, 2009, the Court entered its Order Setting Initial Case Management Conference and ADR deadlines and set the Conference in this case for December 10, 2009; WHEREAS, on September 10, 2009, the Court Clerk issued a notice changing the time for the Conference and notifying the parties that the Conference would take place by telephone; WHEREAS, on October 2, 2009, Plaintiff and Defendants/Third Party Plaintiffs stipulated that the time for Defendants/Third Party Plaintiffs to respond to Plaintiff's complaint was thereby extended thirty (30) days to and including November 2, 2009; WHEREAS, Defendants/Third Party Plaintiffs filed their answer and a third party complaint against Discovery Communications, LLC and Roes 1-10 ("Third Party Defendant") on November 2, 2009; WHEREAS, on November 16, 2009, Plaintiff and Third Party Plaintiffs filed a joint stipulation to continue the Initial Case Management Conference and ADR deadline to a time ordered by the Court; WHEREAS, pursuant to an order entered by this Court on December 9, 2009, the Case Management Conference initially scheduled for December 10, 2009, was continued to February 3, 2010, at 3:15 p.m.; WHEREAS, pursuant to a stipulation filed in this Court on December 22, 2009, Plaintiff, Defendants/Third Party Plaintiffs and Third Party Defendant agreed that the time for Third Party Defendant to answer or otherwise respond to the third party complaint was extended to and including February 10, 2010; WHEREAS, pursuant to an order entered by this Court on December 28, 2009, the Case Management Conference initially scheduled for December 10, 2009 and rescheduled to February 3, 2010, at 3:15 p.m. was continued to March 3, 2010, at 2:45 p.m.; WHEREAS, pursuant to a stipulation filed in this Court on February 3, 2010, Plaintiff, Defendants/Third Party Plaintiffs and Third Party Defendant agreed that the time for Third Party 2
Case No. CV-09-4115 SBA
JOINT STUPILATED REQUEST FOR ORDER CHANGING TIME

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

Defendant to answer or otherwise respond to the third party complaint was extended to and including March 12, 2010; WHEREAS, pursuant to an order entered by this Court on February 16, 2010, the Case Management Conference initially scheduled for December 10, 2009, and rescheduled to February 3, 2010, at 3:15 p.m. and then March 3, 2010, at 2:45 p.m. was rescheduled for April 14, 2010; WHEREAS, pursuant to a stipulation filed in this Court on March 9, 2010, Plaintiff, Defendants/Third Party Plaintiffs and Third Party Defendant agreed that the time for Third Party Defendant to answer or otherwise respond to the third party complaint was extended to and including March 26, 2010; WHEREAS, pursuant to an order entered by this Court on March 17, 2010, the Case Management Conference initially scheduled for December 10, 2009, and rescheduled to February 3, 2010, at 3:15 p.m. and then March 3, 2010, at 2:45 p.m. and then April 14, 2010 was rescheduled for April 29, 2010 at 3:30 p.m.; WHEREAS, pursuant to a stipulation filed in this Court on March 22, 2010, Plaintiff, Defendants/Third Party Plaintiffs and Third Party Defendant agreed that the time for Third Party Defendant to answer or otherwise respond to the third party complaint was extended to and including April 9, 2010; WHEREAS, pursuant to an order entered by this Court on March 31, 2010, the Case Management Conference initially scheduled for December 10, 2009, and rescheduled to February 3, 2010, at 3:15 p.m. and then March 3, 2010, at 2:45 p.m. and then April 14, 2010 and then April 29, 2010 at 3:30 p.m. was rescheduled for June 9, 2010 at 2:45 p.m.; WHEREAS, Plaintiff, Defendants/Third Party Plaintiffs and Third Party Defendant are currently and actively discussing settlement and an extension of time would allow the parties to continue such settlement discussions and would not further alter the schedule of this case; 3
Case No. CV-09-4115 SBA
JOINT STUPILATED REQUEST FOR ORDER CHANGING TIME

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

The parties, through their respective counsel and pursuant to Civil L.R. 6-2, HEREBY MAKE THIS STIPULATED REQUEST THAT 1. The time for Third Party Defendant's response to Defendants/Third Party Plaintiffs' third

party complaint be extended fourteen (14) days to and including April 23, 2010. Respectfully submitted this 6th day of April, 2010. Dated: April 6, 2010 DAVIS WRIGHT TREMAINE, LLP By:___/s/ Thomas R. Burke_____________ Thomas R. Burke Attorneys for Third Party Defendant Discovery Communications, LLC Dated: April 6, 2010 VICTORIA L.H. BOOKE By:___/s/ Victoria L.H. Booke_____________ Victoria L.H. Booke Fahmy & Booke 606 North First St. San Jose, CA 95112 408-286-7000 Fax: [phone] Attorneys for Defendants/Third Party Plaintiffs J.C. Research, Inc. d/b/a/ Fogware Publishing and Innovative Knowledge, Inc. Dated: April 6, 2010 BROOKS KUSHMAN P.C. By:___/s/ Mark Brian Mizrahi__________ Mark Brian Mizrahi Brooks Kushman P.C. 6701 Center Drive Suite 610 Los Angeles, CA 90045 310-348-8200 Fax: [phone] Attorneys for Plaintiff Zane Research, Inc.

4
Case No. CV-09-4115 SBA
JOINT STUPILATED REQUEST FOR ORDER CHANGING TIME

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 5
Case No. CV-09-4115 SBA
JOINT STUPILATED REQUEST FOR ORDER CHANGING TIME

IT IS SO ORDERED. Dated:_4/12/10 _____________________________________ Hon. Saundra B. Armstrong