Kim et al v. Space Pencil, Inc. et al

Filing 71

ORDER re 70 Stipulation, filed by 8tracks Inc., Tangient, LLC, Giga Omni Media Inc., Sitening, LLC,,, Space Pencil, Inc., Etsy Inc., John B. Kim, Kongregate Inc., Flite, Inc., Dan C. Schutzman, Signed by Judge Beeler on 1/18/2012. (lblc1, COURT STAFF) (Filed on 1/18/2012)

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1 2 3 4 5 6 7 8 9 10 GIBSON, DUNN & CRUTCHER LLP S. ASHLIE BERINGER, SBN 263977 JOSHUA A. JESSEN, SBN 222831 DANIEL Y. LI, SBN 268894 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] 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 OAKLAND DIVISION 14 15 16 JOHN B. KIM and DAN C. SCHUTZMAN, Individuals, on Behalf of Themselves and Others Similarly Situated, 17 18 19 20 21 22 23 24 25 26 27 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. 28 Gibson, Dunn & Crutcher LLP 1 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”) 1 2 filed a class action complaint against the twenty-six defendants listed on the caption page 3 (“Defendants”) in the above-referenced matter (Docket No. 1); WHEREAS, on September 7, 2011, Plaintiffs filed a First Amended Class Action Complaint 4 5 (the “Complaint’) against Defendants (Docket No. 31); 6 WHEREAS, on September 30, 2011, this Court entered a Related Case Order relating this 7 case to Case No. 11-CV-03764 LB and transferring this case from Magistrate Judge Elizabeth D. 8 Laporte to this Court (Docket No. 38); 9 WHEREAS, on October 21, 2011, the parties received notice from the Clerk that the Court 10 has scheduled a Case Management Conference for January 26, 2012 at 10:30 a.m., and ordered the 11 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 12 13 vacate deadlines for Defendants to respond to the Complaint pending the outcome of mediation 14 (Docket No. 56); WHEREAS, pursuant to the parties’ stipulation, the Court ordered the parties to notify the 15 16 Court of the results of the mediation by no later than January 19, 2012, the date the Joint Case 17 Management Statement is due; WHEREAS, on December 19, 2011, certain of the parties participated in a meditation before 18 19 the Honorable Edward A. Panelli (Ret.) of JAMS; WHEREAS, the case was not resolved at the mediation, but following the mediation a written 20 21 settlement offer was delivered by Plaintiffs and is currently being reviewed by Defendant Space 22 Pencil, Inc. d/b/a KISSmetrics and its insurance carrier; and 23 WHEREAS, in light of these and related ongoing settlement negotiations among the parties, 24 the parties believe that judicial efficiency will be maximized and that the interests of all parties will 25 be best served by continuing the case management conference, along with all related deadlines, in 26 order to provide the parties with additional time to explore the potential for a resolution of this 27 matter; 28 Gibson, Dunn & Crutcher LLP 2 Stipulation And [Proposed] Order – Case No. 11-CV-3796 LB 1 2 3 4 5 6 7 8 9 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: 1. Any deadlines for Defendants to respond to the Complaint that were vacated by the Court’s November 4, 2011 Order remain vacated. 2. The Case Management Conference scheduled for January 26, 2012 is continued by four weeks to February 23, 2012 at 10:30 a.m. 3. 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. 4. If the parties have not reached a resolution of this matter by February 16, 2012, the 10 parties shall inform the Court in their Joint Case Management Statement and set a briefing schedule 11 for a motion to dismiss or address whether Plaintiffs may file an amended complaint. 12 Respectfully submitted, 13 14 DATED: January 11, 2012 GIBSON, DUNN & CRUTCHER LLP 15 By: 16 17 /s/ S. Ashlie Beringer S. Ashlie Beringer Attorneys for Defendants SPACE PENCIL, INC. D/B/A KISSMETRICS and GIGA OMNI MEDIA, INC. 18 19 20 DURIE TANGRI LLP 21 By: 22 23 /s/ Michael H. Page Michael H. Page Attorneys for Defendants SITENING LLC, FLITE, INC., MODULAR PATTERNS, LTD., and ETSY, INC. 24 25 26 LAW OFFICES OF STEVEN A. ELLENBERG 27 By: 28 Gibson, Dunn & Crutcher LLP _ 3 Stipulation And [Proposed] Order – Case No. 11-CV-3796 LB /s/ Mark. V. Boennighausen Mark V. Boennighausen 1 Attorneys for Defendants TANGIENT LLC and 8TRACKS, INC. 2 3 MAYER BROWN LLP 4 5 By: 6 7 /s/ John Nadolenco_ John Nadolenco 8 Attorneys for Defendant SPOKEO, INC. 9 FENWICK & WEST LLP 10 By: 11 12 /s/ Rodger Cole____ Rodger Cole Attorneys for Defendants INVOLVER, INC., SLIDESHARE, INC., and FRIEND.LY 13 14 15 MITCHELL SILBERBERG & KNUPP LLP 16 17 By: 18 /s/ Kevin E. Gaut ___ Kevin E. Gaut Attorneys for Defendant KONGREGATE INC. 19 20 PARISI & HAVENS LLP 21 22 By: 23 24 _ Attorneys for Plaintiffs JOHN B. KIM and DAN C. SCHUTZMAN 25 26 27 28 Gibson, Dunn & Crutcher LLP /s/ David C. Parisi David C. Parisi 4 Stipulation And [Proposed] Order – Case No. 11-CV-3796 LB ATTORNEY ATTESTATION 1 2 3 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. 4 5 DATED: January11, 2012 /s/ S. Ashlie Beringer S. Ashlie Beringer 6 7 8 PURSUANT TO STIPULATION, IT IS SO ORDERED. H 101172986.1 16 17 18 19 20 21 22 23 24 25 26 27 28 Gibson, Dunn & Crutcher LLP ER LI RT 14 FO NO 13 R NIA 12 15 DERED O OR _________________________________ IT IS S The Honorable Laurel Beeler United States Magistrate Judge l Beeler e Laure Judg 1/18/2012 Dated: _____________________ 5 Stipulation And [Proposed] Order – Case No. 11-CV-3796 LB A 11 UNIT ED 10 S DISTRICT TE C TA RT U O S 9 N F D IS T IC T O R C

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