Top Agent Network, Inc. v. Zillow, Inc.

Filing 10

STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT re 9 STIPULATION WITH PROPOSED ORDER Extending Time For Zillows Response To Complaint and Top Agent Networks Response to Same filed by Zillow, Inc., Top Agent Network, Inc. Signed by Magistrate Judge Kandis A. Westmore on 11/17/14. (sisS, COURT STAFF) (Filed on 11/17/2014)

Case4:14-cv-04769-KAW Document9 Filed11/14/14 Page1 of 6

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SUSMAN GODFREY LLP
Oleg Elkhunovich (Cal. Bar No. 269238)
[e-mail]
1901 Avenue of the Stars, Suite 950
Los Angeles, CA 90067-6029
Telephone: [phone]
Facsimile: [phone]

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(additional counsel listed below signature)
Attorneys for Defendant ZILLOW, INC.
LEWIS & LLEWELLYN LLP
Paul T. Llewellyn (Cal. Bar No. 216887)
[e-mail]
Marc R. Lewis (Cal. Bar No. 233306)
[e-mail]
Evangeline A.Z. Burbidge (Cal. Bar No. 266966)
[e-mail]
505 Montgomery Street, Suite 1300
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff TOP AGENT NETWORK, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TOP AGENT NETWORK, INC.,

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Plaintiff,
vs.

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ZILLOW, INC.
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Case No. 4:14-cv-04769-KAW
STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME FOR
ZILLOW’S RESPONSE TO
COMPLAINT AND TAN’S RESPONSE
TO SAME

Defendant.

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Stipulation & [Proposed] Order Extending Time For Zillow’s
Response To Complaint And Tan’s Response To Same
3424447v1/014568

Case No. 4:14-cv-04769-KAW

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Plaintiff Top Agent Network, Inc. (“TAN”) and Defendant Zillow, Inc. (“Zillow”) have
met and conferred, reached agreement, and hereby stipulate as follows:
STIPULATION

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WHEREAS, plaintiff filed the instant action on October 27, 2014; and

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WHEREAS, the complaint and summons were served on Zillow’s agent for service of

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process, by personal service, on October 29, 2014; and
WHEREAS, Zillow’s response to the complaint is currently due on or before November
19, 2014; and
WHEREAS, defense counsel has upcoming trials and other scheduling commitments and
requires an extension to have sufficient time to address the matters at issue; and

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WHEREAS, there have been no previous time modifications in the case; and

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WHEREAS, the time modification would have no major effect on the as yet to be

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determined case schedule and would allow the parties sufficient time to address the matters at

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issue in light of counsels’ other scheduling commitments;

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IT IS HEREBY STIPULATED by and between TAN and Zillow, through their respective

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counsel of record, that Zillow’s deadline to file a response to the complaint is extended by 30

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days from November 19, 2014, to December 19, 2014.

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IT IS FURTHER STIPULATED that (1) in the event that Zillow’s responsive pleading

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requires a response by TAN, TAN’s deadline to respond is extended from 21 days to 30 days; and

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(2) in the event that Zillow files a motion in response to TAN’s complaint, TAN may have 30

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days to file any opposition to Zillow’s motion as opposed to the 14 days provided by Civil Local

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Rule 7-3(a). These extensions will allow TAN to have a full and fair opportunity to respond,

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particularly in light of the upcoming Christmas and New Year holidays. In the event that Zillow

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does file a motion, the parties further agree to meet and confer regarding the hearing date for any

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motion, so as to allow the Court sufficient time to consider the motion in light of the extension.

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Stipulation & [Proposed] Order Extending Time For Zillow’s
Response To Complaint And Tan’s Response To Same
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Case No. 4:14-cv-04769-KAW

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IT IS SO STIPULATED THROUGH COUNSEL OF RECORD.

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Dated: November 14, 2014

Respectfully submitted,

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SUSMAN GODFREY LLP

LEWIS & LLEWELLYN LLP

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By: /s/ Oleg Elkhunovich
Oleg Elkhunovich
Susman Godfrey LLP
1901 Avenue of the Stars, Suite 950
Los Angeles, CA 90067-6029
Telephone: [phone]
Facsimile: [phone]

By: /s/ Paul T. Llewellyn
Paul T. Llewellyn, Lead Attorney
CA Bar No. 216887
[e-mail]
Marc R. Lewis, CA Bar No. 233306
[e-mail]
Evangeline A.Z. Burbidge,
CA Bar No. 266966
[e-mail]
505 Montgomery Street, Suite 1300
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Brooke A. M. Taylor, Lead Attorney
WA Bar No. 33190, Pro Hac Vice to be filed
[e-mail]
Jenna G. Farleigh
CA Bar No. 288811, Admission to be filed
[e-mail]
SUSMAN GODFREY L.L.P.
1201 Third Avenue, Suite 3800
Seattle, Washington 98101-3000
Telephone: [phone]
Facsimile: [phone]

ATTORNEYS FOR PLAINTIFF

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Joseph C. Portera, Pro Hac Vice to be filed
[e-mail]
Susman Godfrey LLP
901 Main Street, Suite 5100
Dallas, TX 85202
Telephone: [phone]
Facsimile: [phone]

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ATTORNEYS FOR DEFENDANT

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Stipulation & [Proposed] Order Extending Time For Zillow’s
Response To Complaint And Tan’s Response To Same
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Case No. 4:14-cv-04769-KAW

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DECLARATION OF OLEG ELKHUNOVICH, ESQ. IN SUPPORT OF STIPULATION
EXTENDING TIME FOR ZILLOW’S RESPONSE TO COMPLAINT AND TAN’S
RESPONSE TO SAME

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I, Oleg Elkhunovich, Esq., hereby declare as follows:

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1.

I am member of the California State Bar, an attorney in the law firm of Susman

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Godfrey LLP, and counsel for Defendants in the above-captioned appeal.

I submit this

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declaration in support of the stipulation and [proposed] order extending time for Zillow’s

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response to complaint and TAN’s response to same.

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2.

On October 27, 2014, plaintiff filed the instant action.

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3.

The defendant, my client, was served on October 29, 2014.

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4.

Zillow’s response to the complaint is currently due on or before November 19,

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Defense counsel in this case currently has trials scheduled for both early December

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2014.

2014 and January 2015.
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In light of these trials, defense counsel requires an extension to have sufficient

time to address the matters at issue in the complaint.

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7.

There have been no previous time modifications in the case.

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8.

The time modification would have no major effect on the as yet to be determined

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case schedule and would allow the parties sufficient time to address the matters at issue in light of

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counsels’ other scheduling commitments.

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9.

Counsel for the Plaintiff has agreed to the extension.

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I declare under penalty of perjury that the foregoing is true and correct.

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Dated: November 14, 2014.
By: /s/ Oleg Elkhunovich
Oleg Elkhunovich

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Stipulation & [Proposed] Order Extending Time For Zillow’s
Response To Complaint And Tan’s Response To Same
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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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11/17/14
Dated: _________________

By:_______________________________
Hon. Kandis A. Westmore
UNITED STATES MAGISTRATE JUDGE

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Stipulation & [Proposed] Order Extending Time For Zillow’s
Response To Complaint And Tan’s Response To Same
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Case No. 4:14-cv-04769-KAW