Facebook, Inc. v. Various, Inc. et al

Filing 55

STIPULATION AND ORDER STAYING CASE. Signed by Judge ARMSTRONG on 11/7/11. (lrc, COURT STAFF) (Filed on 11/8/2011)

Case4:11-cv-01805-SBA Document54

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Filed11/07/11 Page1 of 4

COOLEY LLP
MICHAEL G. RHODES (SBN 116127) ([e-mail])
GAVIN L. CHARLSTON (SBN 253899) ([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]
ANNE H. PECK (SBN 124790) ([e-mail])
JEFFREY T. NORBERG (SBN 215087) ([e-mail])
3000 El Camino Real
Palo Alto, CA 94306-2155
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff
FACEBOOK, INC.
KATTEN MUCHIN ROSENMAN LLP
KRISTIN L. HOLLAND (SBN 187314) ([e-mail])
2029 Century Park East, Suite 2600
Los Angeles, CA 90067-3012
Telephone: [phone]
Facsimile: 310.788.4471

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FLOYD A. MANDELL (admitted pro hac vice) ([e-mail])
WILLIAM J. DORSEY (admitted pro hac vice) ([e-mail])
525 W. Monroe Street
Chicago, IL 60661-3693
Telephone: [phone]
Facsimile: 312.902.1061
Attorneys for Defendants/Counter-Plaintiffs
VARIOUS, INC., et al.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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FACEBOOK, INC.,

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Case No. 4:11-cv-01805-SBA (DMR)

Plaintiff,
JOINT STIPULATION FOR STAY and
[PROPOSED] ORDER
XXXXXXXX

v.
VARIOUS, INC.; GMCI INTERNET
OPERATIONS, INC.; TRAFFIC CAT, INC.;
FRIENDFINDER NETWORKS INC.; and
DOES 1-100,
Defendants.
AND RELATED COUNTERCLAIMS

COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

JOINT STIPULATION FOR STAY
CASE NO. 4:11-CV-01805-SBA (DMR)

Case4:11-cv-01805-SBA Document54

Filed11/07/11 Page2 of 4

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Pursuant to Local Rule 7-12, Plaintiff Facebook, Inc. (“Facebook”) and Defendants

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Various, Inc., GMCI Internet Operations, Inc., Traffic Cat, Inc. and FriendFinder Networks Inc.

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(collectively “Defendants”) hereby stipulate that this case be stayed in favor of continued

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settlement discussions between the parties with the continued assistance, as needed, from

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Magistrate Judge Jacqueline Scott Corley, which the parties believe are likely to resolve the case.

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On November 4, 2011 the parties participated in a full day settlement conference with

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Magistrate Judge Corley which continued until after 6:00 p.m. and significant progress was made

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to resolve all disputes. While meaningful progress toward settlement was made, several issues

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require further discussion. The parties believe that continued discussions between the parties will

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likely lead to a settlement. It is the parties’ belief that a stay will conserve judicial resources,

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economy and time.

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December 30, 2011 deadline to amend pleadings or add parties and any and all other deadlines,

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will facilitate a settlement. Accordingly, at the suggestion of Magistrate Judge Corley and subject

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to the approval of the Court, the parties hereby stipulate that:

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The parties further believe that a stay of the litigation, including the

1. This case is stayed indefinitely in favor of continued settlement discussions under the
supervision of Magistrate Judge Corley;
2. The December 30, 2011 deadline to add parties and amend the complaint is vacated and
will be reset to a later date should the stay be lifted;
3. All discovery deadlines, including all deadlines for third parties to respond to subpoenas,
are vacated and will be reset to a later date should the stay be lifted;
4. Any party may lift the stay by first notifying Magistrate Judge Corley and all other parties

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and by filing a Notice of Dissolution of Stay five (5) days thereafter; and

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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

1.

JOINT STIPULATION FOR STAY
CASE NO. 4:11-CV-01805-SBA (DMR)

Case4:11-cv-01805-SBA Document54

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Filed11/07/11 Page3 of 4

5. The January 12, 2012 case management conference will proceed as scheduled should the
case not be resolved before that date.

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SO STIPULATED:
Dated: November 7, 2011

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COOLEY LLP
JEFFREY T. NORBERG (215087)
/s/ Jeffrey T. Norberg
Jeffrey T. Norberg (215087)
Attorneys for Plaintiff
FACEBOOK, INC.

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KATTEN MUCHIN ROSENMAN LLP
KRISTIN L. HOLLAND (187314)

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/s/ Kristin L. Holland
Kristin L. Holland (187314)
Attorneys for Defendants/Counter-Plaintiffs
VARIOUS, INC., et al.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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11/7/11
Dated: _____________
The Honorable Saundra Brown Armstrong
United States District Judge

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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

2.

JOINT STIPULATION FOR STAY
CASE NO. 4:11-CV-01805-SBA (DMR)

Case4:11-cv-01805-SBA Document54

Filed11/07/11 Page4 of 4

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GENERAL ORDER 45 ATTESTATION

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In accordance with General Order 45, concurrence in the filing of this document has been

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obtained from each of the signatories and I shall maintain records to support this concurrence for

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subsequent production for the Court if so ordered or for inspection upon request by a party.

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/s/ Jeffrey T. Norberg
Jeffrey T. Norberg
Attorneys for Plaintiff
FACEBOOK, INC.

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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

3.

JOINT STIPULATION FOR STAY
CASE NO. 4:11-CV-01805-SBA (DMR)