Kim et al v. Space Pencil, Inc. et al
Filing
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ORDER re 70 Stipulation, filed by 8tracks Inc., Tangient, LLC, Giga Omni Media Inc., Sitening, LLC, Involver.com, Friend.ly, Space Pencil, Inc., Etsy Inc., John B. Kim, Kongregate Inc., Flite, Inc., Dan C. Schutzman, Slideshare.net. Signed by Judge Beeler on 1/18/2012. (lblc1, COURT STAFF) (Filed on 1/18/2012)
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GIBSON, DUNN & CRUTCHER LLP
S. ASHLIE BERINGER, SBN 263977
ABeringer@gibsondunn.com
JOSHUA A. JESSEN, SBN 222831
JJessen@gibsondunn.com
DANIEL Y. LI, SBN 268894
DLi@gibsondunn.com
1881 Page Mill Road
Palo Alto, California 94304
Telephone: (650) 849-5300
Facsimile: (650) 849-5333
Attorneys for Defendants
SPACE PENCIL, INC. D/B/A KISSMETRICS and
GIGA OMNI MEDIA, INC.
[Counsel For Additional Parties
Listed On Signature Page]
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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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JOHN B. KIM and DAN C. SCHUTZMAN,
Individuals, on Behalf of Themselves and Others
Similarly Situated,
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Plaintiffs,
v.
SPACE PENCIL, INC. D/B/A KISSMETRICS,
BABYPIPS.COM, INVOLVER.COM, MOO,
INC., SITENING, LLC., SHOEDAZZLE.COM
INC., 8TRACKS INC., ABOUT.ME,
FRIEND.LY, GIGA OMNI MEDIA, INC.,
HASOFFERS.COM, KONGREGATE INC.,
LIVEMOCHA INC., ROCKETTHEME, LLC,
FITNESS KEEPER, INC., SEOMOZ, INC.,
SHARECASH, LLC., SLIDESHARE.NET,
SPOKEO, INC., SPOTIFY USA, INC.,
VISUAL.LY, CONDUIT USA, FLlTE, INC.,
TANGIENT, LLC, ETSY INC, AND
IVILLIAGE, INC.;
Defendants.
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Gibson, Dunn &
Crutcher LLP
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Stipulation And [Proposed] Order – Case No. 11-CV-3796 LB
CASE NO. 11-CV-3796 LB
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE JANUARY 26,
2012 CASE MANAGEMENT
CONFERENCE
Date Action Filed: Aug. 1, 2011
Trial Date: Not Set
WHEREAS, on August 1, 2011, Plaintiffs John B. Kim and Dan C. Schutzman (“Plaintiffs”)
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filed a class action complaint against the twenty-six defendants listed on the caption page
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(“Defendants”) in the above-referenced matter (Docket No. 1);
WHEREAS, on September 7, 2011, Plaintiffs filed a First Amended Class Action Complaint
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(the “Complaint’) against Defendants (Docket No. 31);
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WHEREAS, on September 30, 2011, this Court entered a Related Case Order relating this
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case to Case No. 11-CV-03764 LB and transferring this case from Magistrate Judge Elizabeth D.
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Laporte to this Court (Docket No. 38);
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WHEREAS, on October 21, 2011, the parties received notice from the Clerk that the Court
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has scheduled a Case Management Conference for January 26, 2012 at 10:30 a.m., and ordered the
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parties to file a Joint Case Management Statement by January 19, 2012 (Docket No. 50);
WHEREAS, on November 4, 2011, this Court granted the parties’ stipulation to temporarily
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vacate deadlines for Defendants to respond to the Complaint pending the outcome of mediation
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(Docket No. 56);
WHEREAS, pursuant to the parties’ stipulation, the Court ordered the parties to notify the
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Court of the results of the mediation by no later than January 19, 2012, the date the Joint Case
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Management Statement is due;
WHEREAS, on December 19, 2011, certain of the parties participated in a meditation before
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the Honorable Edward A. Panelli (Ret.) of JAMS;
WHEREAS, the case was not resolved at the mediation, but following the mediation a written
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settlement offer was delivered by Plaintiffs and is currently being reviewed by Defendant Space
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Pencil, Inc. d/b/a KISSmetrics and its insurance carrier; and
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WHEREAS, in light of these and related ongoing settlement negotiations among the parties,
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the parties believe that judicial efficiency will be maximized and that the interests of all parties will
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be best served by continuing the case management conference, along with all related deadlines, in
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order to provide the parties with additional time to explore the potential for a resolution of this
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matter;
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Gibson, Dunn &
Crutcher LLP
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Stipulation And [Proposed] Order – Case No. 11-CV-3796 LB
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THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the parties to this
Stipulation, through their respective counsel, and subject to the approval of this Court, as follows:
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Any deadlines for Defendants to respond to the Complaint that were vacated by the
Court’s November 4, 2011 Order remain vacated.
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The Case Management Conference scheduled for January 26, 2012 is continued by four
weeks to February 23, 2012 at 10:30 a.m.
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The parties will conduct a Rule 26(f) conference by no later than February 13, 2012 and
will file a Joint Case Management Statement by February 16, 2012.
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If the parties have not reached a resolution of this matter by February 16, 2012, the
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parties shall inform the Court in their Joint Case Management Statement and set a briefing schedule
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for a motion to dismiss or address whether Plaintiffs may file an amended complaint.
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Respectfully submitted,
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DATED: January 11, 2012
GIBSON, DUNN & CRUTCHER LLP
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By:
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/s/ S. Ashlie Beringer
S. Ashlie Beringer
Attorneys for Defendants
SPACE PENCIL, INC. D/B/A KISSMETRICS
and GIGA OMNI MEDIA, INC.
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DURIE TANGRI LLP
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By:
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/s/ Michael H. Page
Michael H. Page
Attorneys for Defendants
SITENING LLC, FLITE, INC., MODULAR
PATTERNS, LTD., and ETSY, INC.
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LAW OFFICES OF STEVEN A. ELLENBERG
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By:
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Gibson, Dunn &
Crutcher LLP
_
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Stipulation And [Proposed] Order – Case No. 11-CV-3796 LB
/s/ Mark. V. Boennighausen
Mark V. Boennighausen
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Attorneys for Defendants
TANGIENT LLC and 8TRACKS, INC.
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MAYER BROWN LLP
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By:
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/s/ John Nadolenco_
John Nadolenco
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Attorneys for Defendant
SPOKEO, INC.
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FENWICK & WEST LLP
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By:
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/s/ Rodger Cole____
Rodger Cole
Attorneys for Defendants
INVOLVER, INC., SLIDESHARE, INC., and
FRIEND.LY
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MITCHELL SILBERBERG & KNUPP LLP
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By:
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/s/ Kevin E. Gaut ___
Kevin E. Gaut
Attorneys for Defendant
KONGREGATE INC.
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PARISI & HAVENS LLP
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By:
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Attorneys for Plaintiffs
JOHN B. KIM and DAN C. SCHUTZMAN
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Gibson, Dunn &
Crutcher LLP
/s/ David C. Parisi
David C. Parisi
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Stipulation And [Proposed] Order – Case No. 11-CV-3796 LB
ATTORNEY ATTESTATION
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Pursuant to General Order 45, I, S. Ashlie Beringer, hereby attest that concurrence in the
filing of this document has been obtained from the above-listed counsel.
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DATED: January11, 2012
/s/ S. Ashlie Beringer
S. Ashlie Beringer
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Gibson, Dunn &
Crutcher LLP
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DERED
O OR
_________________________________
IT IS S
The Honorable Laurel Beeler
United States Magistrate Judge
l Beeler
e Laure
Judg
1/18/2012
Dated: _____________________
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Stipulation And [Proposed] Order – Case No. 11-CV-3796 LB
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