Dimond Internet Services, LLC v. County of Alameda

Filing 7

ORDER CONTINUING DEFENDANT'S RESPONSIVE PLEADING DEADLINE re 5 Stipulation filed by County of Alameda. Signed by Judge Phyllis J. Hamilton on 5/22/13. (nah, COURT STAFF) (Filed on 5/22/2013)

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Thomas F. Bertrand, State Bar No. 056560
Michael C. Wenzel, State Bar No. 215388
BERTRAND, FOX & ELLIOT
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Defendant
COUNTY OF ALAMEDA

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H. Clyde Long, State Bar No. 102148
LONG LAW OFFICES
950 Risa Road, 2nd Floor
Lafayette, CA 94549
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Plaintiff
DIMOND INTERNET SERVICES LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DIMOND INTERNET SERVICES, LLC, a
California limited liability company,

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Plaintiff,
v.

Case No. 4:13-cv-01893-PJH
[PROPOSED] ORDER CONTINUING
DEFENDANT’S RESPONSIVE PLEADING
DEADLINE

COUNTY OF ALAMEDA
Defendant.
Hon. Phyllis J. Hamilton

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[PROPOSED] ORDER CONTINUING DEFENDANT’S RESPONSIVE PLEADING DEADLINE
Dimond Internet Services v. County of Alameda
U.S.D.C. Northern District of CA Case No. 4:13-cv-01893-PJH

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1.

Plaintiff DIMOND INTERNET SERVICES LLC filed a Complaint against defendant

COUNTY OF ALAMEDA on April 25, 2013, and served the Complaint May 1, 2013.
2.

Defendant’s responsive pleading is therefore due May 22, 2013—21 days after the

Complaint was served.
3.

On May 10, 2013, plaintiff filed a Motion to Relate Cases in Net Connection, LLC, et al.

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v. County of Alameda (N.D. Cal. No. C13-1467 SI) to consider whether the instant case and Net

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Connection should be deemed “related.” That motion remains pending.

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4.

A hearing for a Temporary Restraining Order in Net Connection took place on April 17,

2013. To date, no decision on the Temporary Restraining Order application has been issued.
5.

On May 1, 2013, defendant in Net Connections filed a motion to dismiss, which is

scheduled to be heard on June 21, 2013.
6.

Because the Temporary Restraining Order application in Net Connections and Motion to

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Relate Cases are pending, the Parties respectfully requested that the Court continue defendant’s

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responsive pleading deadline from May 22, 2013 to June 26, 2013.

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ORDER

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GOOD CAUSE APPEARING THEREFORE, the Parties having stipulated to the same, the

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Parties’ Stipulated Request To Continue Defendant’s Responsive Pleading Deadline is hereby

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APPROVED. Defendant’s responsive pleading deadline shall be continued until June 26, 2013.

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DATED: May 22

, 2013

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Hamilton

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Phyllis J. Hamilton
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UNITED STATES DISTRICT COURT JUDGE
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[PROPOSED] ORDER CONTINUING DEFENDANT’S RESPONSIVE PLEADING DEADLINE
Dimond Internet Services v. County of Alameda
U.S.D.C. Northern District of CA Case No. 4:13-cv-01893-PJH