Petroliam Nasional Berhad v. GoDaddy.com, Inc.

Filing 156

Letter from Defendant GoDaddy.com, Inc. Requesting Modification of Pretrial Order. (Attachments: # 1 Proposed Order)(Slafsky, John) (Filed on 12/19/2011)

650 Page Mill Road
Palo Alto, CA 94304-1050
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FAX

650.493.9300
650.493.6811

www.wsgr.com

December 19, 2011
BY ELECTRONIC FILING
Hon. Phyllis J. Hamilton
Judge, U. S. District Court
Northern District of California
Courtroom 3 - 3rd Floor
1301 Clay Street
Oakland, CA 94612
Re:

Petroliam Nasional Berhad v. GoDaddy.com, Inc., 09-CV-5939 PJH
Letter Requesting Modification of Pretrial Order

Your Honor:
We represent Defendant and Counterclaimant GoDaddy.com, Inc. (“Go Daddy”) in this matter.
We submit this letter brief pursuant to the procedure set forth in the Case Management and
Pretrial Order entered in the above-captioned litigation on June 1, 2011 (Dkt. 92) (the “Pretrial Order”).
Per the Pretrial Order, a pretrial conference is scheduled for February 9, 2012, followed by a jury trial
commencing March 5, 2012. In light of the parties’ pending motions for summary judgment, we believe
that good cause exists to modify the remaining dates set forth in the Pretrial Order.
Go Daddy’s Motion for Summary Judgment and Petronas’s Motion for Partial Summary
Judgment were heard on December 7, 2011. At the hearing, the Court requested supplemental briefing
regarding Petronas’s “Contributory Cybersquatting” cause of action. The parties have submitted these
briefs. The Court has not yet ruled on these potentially dispositive motions.
Under the current schedule, the majority of the parties’ pretrial submissions are due on
January 12, 2012 (28 days prior to the February 9 pretrial conference). The preparation of these
materials will involve a tremendous amount of work over the holidays. However, because the motions
for summary judgment are still pending, the parties do not yet know the scope of the claims that will
ultimately be tried. Preparing all claims for trial and subsequently learning that certain claims were
dismissed would be highly inefficient, expensive and unduly burdensome on the parties.
We have contacted plaintiff’s counsel concerning this request but have not yet received a
response.

AUSTIN

GEORGETOWN, DE

HONG KONG NEW YORK

PALO ALTO

SAN DIEGO

SAN FRANCISCO

SEATTLE

SHANGHAI

WASHINGTON, DC

The Honorable Phyllis Hamilton
December 19, 2011
Page 2
Accordingly, Go Daddy requests that the current schedule be reset following the Court’s ruling
on the parties’ respective motions for summary judgment, with the pretrial submissions due no sooner
than 30 days after the date of the Court’s order.
Respectfully Submitted,
WILSON SONSINI GOODRICH & ROSATI

/s/ John L. Slafsky
John L. Slafsky
David Lansky
WILSON SONSINI GOODRICH & ROSATI
650 Page Mill Road
Palo Alto, CA 94304-1050
Tel. [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant/Counterclaimant
GODADDY.COM, INC.