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

Filing 47

STIPULATION AND ORDER Case Management Conference set for 11/4/2010 03:15 PM.VIA TELEPHONE. Signed by Judge ARMSTRONG on 9/22/10. (lrc, COURT STAFF) (Filed on 9/22/2010)

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

Doc. 47

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BROOKS KUSHMAN P.C. Mark Brian Mizrahi Brooks Kushman P.C. 6701 Center Drive Suite 610 Los Angeles, CA 90045 TEL: [phone] Fax: [phone]

Email:

[e-mail]

Attorneys for Plaintiff 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
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Case No.: CV-09-04115 SBA

JOINT STUPILATED REQUEST FOR ORDER CHANGING TIME FOR PLAINTIFF TO RESPOND TO CROSS_CLAIMS AND ORDER

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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

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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, pursuant to a stipulation filed in this Court on April 6, 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 23, 2010; 3
Case No. CV-09-4115 SBA
JOINT STUPILATED REQUEST FOR ORDER CHANGING TIME

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WHEREAS pursuant to a stipulation filed in this Court on April 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 an including June 7, 2010; WHEREAS, pursuant to an order entered by this Court on April 27, 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. and then June 9, 2010 at 2:45p.m. was rescheduled for July 22, 2010 at 2:45 p.m.; WHEREAS, Third Party Defendant, Discovery Communications, LLC, filed Third Party Defendants' Answer, Counterclaims Against Third Party Plaintiffs, and Claims Against Plaintiff on June 7, 2010; WHEREAS pursuant to a stipulation filed in this Court on June, 28 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 an including August 12, 2010; WHEREAS pursuant to a stipulation filed in this Court on August 12, 2010, Plaintiff 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 an including September 2, 2010; WHEREAS, pursuant to an order entered by this Court on June 30, 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. and then June 9, 2010 at 2:45p.m. and then July 22, 2010 at 2:45 p.m, was rescheduled for October 7 at 3:15 p.m..

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

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WHEREAS, Plaintiff and Third Party Defendant are currently and actively discussing settlement, have exchanged a draft settlement agreements, and an extension of time would allow the parties to continue such settlement discussions; WHEREAS the parties agree that this will be the final extension granted with respect to the pleadings in this case;
The parties, through their respective counsel and pursuant to Civil L.R. 6-2, HEREBY MAKE THIS STIPULATED REQUEST THAT 1. The time for Plaintiff ( Zane Publishing, Inc. ) to respond to Third Party Defendant's Cross Claims Against

Plaintiff be extended to and including October 14, 2010. 2. The Case Management Conference scheduled for October 7, at 3:15 p.m. be continued to any date

convenient for this Court. 3. There will be no more extensions to answer pleadings in the case.

Respectfully submitted this 17th day of September, 2010.

Dated: September 17, 2010

DAVIS WRIGHT TREMAINE, LLP By:___/s/ Laura Handman (with consent)______ Laura Handman Davis Wright Tremaine LLP 1919 Pennsylvania Ave NW #800 Washington, DC 20006 Attorneys for Third Party Defendant Discovery Communications, LLC

Dated: September 17, 2010

VICTORIA L.H. BOOKE By:___/s/ Victoria L.H. Booke (with consent)____ 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. BROOKS KUSHMAN P.C. By:___/s/ Mark Brian Mizrahi__________ 5

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Dated: September 17, 2010

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.

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ORDER

PURSUANT TO THE PARTIES' STIPULATION, IT IS HEREBY ORDERED THAT: The time for Plaintiff' (Zane Publishing, Inc.) to respond to Third Party Defendant's

Counterclaims Against Plaintiff be extended to and including October 14, 2010; and 2. The Case Management Conference scheduled for October 7, 2010 at 3:15 p.m. shall be

CONTINUED to November 4, 2010 at 3:15 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 of this Court. 3. There shall be no more extensions to respond to pleadings in this case.

_______________________________ SAUNDRA BROWN ARMSTRONG
United States District Judge

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