Facebook, Inc. v. Cyber2Media, Inc. et al

Filing 44

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 43 Stipulation, filed by Eric Jordan, Cyber2Media, Inc., Michael Suggs, Daniel Negari, Stanley Lorin Pace, Facebook, Inc. Joint Case Management Statement due by 3/29/2012. Initial Case Management Conference set for 4/5/2012 02:00 PM. Signed by Judge Phyllis J. Hamilton on 1/3/12. (nah, COURT STAFF) (Filed on 1/3/2012)

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Ryan Spear, Wash. Bar No. 39974 (pro hac vice)
[e-mail]
PERKINS COIE LLP
1201 Third Avenue
Suite 4800
Seattle, WA 98101-3099
Telephone: [phone]
Facsimile: 206.359.9000

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Brian Hennessy, State Bar No. 226721
[e-mail]
PERKINS COIE LLP
3150 Porter Drive
Palo Alto, CA 94304-1212
Telephone: [phone]
Facsimile: 650.838.4350

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Attorneys for Plaintiff
FACEBOOK, INC.

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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., a Delaware corporation,

Case No. 4:11-cv-03619-PJH

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Plaintiff,
v.
CYBER2MEDIA, INC., et al.,

STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE
AND RELATED DATES

Defendants.

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CASE NO. 4:11-cv-03619-PJH
STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

60406-0005/LEGAL22379630.1
60406-0005/LEGAL22385956.1

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WHEREAS, on July 22, 2011, Facebook, Inc. (“Facebook”) filed its original complaint

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(“Complaint”) against Defendants Cyber2Media, Inc., Daniel Negari, and several other

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Defendants for various causes of action arising from the registration and use of typosquatter

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domain names that targeted Facebook’s trademarks and directed users to websites that Facebook

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alleges also violated its rights. Dkt. 1;

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WHEREAS, Facebook filed its First Amended Complaint (“FAC”) on December 12,

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2011, which added several new Defendants and allegations discovered as a result of further

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investigation. Dkt. 36;

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WHEREAS, Facebook represents that despite its diligent efforts, it has not yet been able
to locate and serve many Defendants;
WHEREAS, Facebook intends to file a Motion for Alternate Service to serve those
Defendants by email within the next 10 days;
WHEREAS, the parties have not previously sought a continuance of the Initial Case
Management Conference, but the date has been continued once by the Court;
WHEREAS, the Initial Case Management Conference is currently scheduled for January
5, 2012. Dkt. 16; and
WHEREAS, for the convenience of the Court and in the interest of efficiency, the parties

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have stipulated to continue the Initial Case Management Conference currently scheduled for

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January 5, 2012 to allow time for the Court to consider Facebook’s Motion for Alternate Service,

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for Facebook to serve the remaining Defendants, and for the parties to continue efforts at early

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resolution of this case.

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Now therefore, the parties, through the undersigned counsel, hereby stipulate and agree as
follows:
(1) The Initial Case Management Conference previously scheduled for January 5, 2012
will be continued for 90 days and rescheduled to [April 5, 2012], or on ____________________.
(2) The Joint Case Management Statement is due seven calendar days before the Initial
Case Management Conference.
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CASE NO. 4:11-cv-03619-PJH
STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

60406-0005/LEGAL22379630.1
60406-0005/LEGAL22385956.1

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(3) The parties will hold their Federal Rule of Civil Procedure (“Rule”) 26(f) Conference
on or before January 5, 2011.
(4) The parties will file their Rule 26(f) Report and serve their initial disclosures fourteen
calendar days after their Rule 26(f) Conference.
IT IS SO STIPULATED.

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DATED: December 27, 2011

PERKINS COIE LLP

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By: /s/ Brian Hennessy
Brian Hennessy (SBN 226721)
[e-mail]

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Attorneys for Plaintiff
Facebook, Inc.

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DATED: December 27, 2011

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NEWMAN DU WORS LLP
By: /s/ Derek Newman
Derek A. Newman, Bar No. 190467
[e-mail]

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Attorneys for defendants Daniel Negari and
Cyber2Media, Inc.

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DATED: December 27, 2011

MICHAEL SUGGS AKA TIMOTHY
SUGGS

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By: /s/ Michael Suggs
Pro se litigant

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CASE NO. 4:11-cv-03619-PJH
STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

60406-0005/LEGAL22379630.1
60406-0005/LEGAL22385956.1

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DATED: December 27, 2011

ERIC JORDAN

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By: /s/ Eric Jordan
Pro se litigant

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DATED: December 27, 2011

KRONENBERGER ROSENFELD, LLP

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By: /s/ Virginia Sanderson
Virginia Sanderson, Bar No. 240241
[e-mail]

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Attorneys for defendant Stanley L. Pace

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I, Brian Hennessy, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the

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concurrence to the filing of this document has been obtained from each signatory hereto.

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DATED: December 27, 2011

PERKINS COIE LLP

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By: /s/ Brian Hennessy
Brian Hennessy (SBN 226721)
[e-mail]

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Attorneys for Plaintiff
Facebook, Inc.

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S DISTRIC

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TC
_______________________________
AT

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Honorable Phyllis J. Hamilton

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ER

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Ju

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RT

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amilton

llis J. H
dge Phy

NO

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R NIA

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DERED

O OR
IT IS S

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RT
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1/3/12
Dated: _____________

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
ED

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F
D IS T IC T O
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CASE NO. 4:11-cv-03619-PJH
STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

60406-0005/LEGAL22379630.1
60406-0005/LEGAL22385956.1