Supercell Oy v. GREE, Inc. et al

Filing 30

STIPULATION AND ORDER REGARDING OPPOSITION AND REPLY BRIEFING DEADLINES AND CASE MANAGEMENT CONFERENCE AND HEARING DATES RE 28 . Signed by Judge Yvonne Gonzalez Rogers on 1/9/2018. (fs, COURT STAFF) (Filed on 1/9/2018)

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MICHAEL J. SACKSTEDER (CSB No. 191605)
[e-mail]
BRYAN A. KOHM (CSB No. 233276)
[e-mail]
LAUREN E. WHITTEMORE (CSB No. 255432)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone:
415.875.2300
Facsimile:
415.281.1350
GEOFFREY MILLER (CSB No. 308676)
[e-mail]
FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
Telephone:
650.988.8500
Facsimile:
650.938.5200

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F ENWICK & W ES T LLP

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Attorneys for Plaintiff
Supercell OY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SUPERCELL OY,

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Plaintiff,

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v.
GREE, INC., GREE INTERNATIONAL
ENTERTAINMENT, INC., GREE
INTERNATIONAL, INC., AND FUNZIO
GAMES, INC.
Defendant.

Case No. 3:17-cv-5556-YGR
STIPULATED REQUEST AND
[PROPOSED] ORDER REGARDING
OPPOSITION AND REPLY BRIEFING
DEADLINES AND CASE
MANAGEMENT CONFERENCE AND
HEARING DATES

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Pursuant to Civil Local Rules 6-1(b) and 6-2 Plaintiff Supercell Oy (“Supercell”) and

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Defendants GREE, Inc., GREE International Entertainment, Inc., and Funzio Games, Inc.

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(collectively, “the GREE Defendants” or “GREE”) stipulate and request an order from the Court

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changing dates and times as follows:

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STIPULATED REQUEST FOR ORDER CHANGING
TIME; [PROPOSED] ORDER

Case No. 3:17-cv-5556-YGR

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RECITALS

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1.

On September 25, 2017, Supercell filed its Complaint for Patent Infringement

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against GREE, Inc., GREE International Entertainment, Inc., GREE International, Inc. and Funzio

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Games, Inc. GREE, Inc. is a Japanese corporation, and GREE International Entertainment, Inc.

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and Funzio Games, Inc. are related entities to GREE, Inc.

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on October 13, 2017.

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Supercell served GREE International Entertainment, Inc. and Funzio Games, Inc.

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The original deadline for GREE International Entertainment, Inc. and Funzio

Games, Inc. to respond to the Complaint was on November 3, 2017.

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4.

On October 24, 2017, GREE International Entertainment, Inc. agreed to accept

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service on behalf of GREE, Inc. in this case. In exchange, Supercell agreed to extend the time to

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respond to the Complaint for GREE, Inc. for sixty days from October 24, 2017. Pursuant to the

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stipulation and under 15 Rule 6(a)(l)(C) of the Federal Rules of Civil Procedure, Defendants’

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response to the Complaint was due by Tuesday, December 26, 2017.

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Supercell also agreed to extend the time to respond to the Complaint for GREE

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International Entertainment, Inc. and Funzio Games, Inc. by 74 days. Pursuant to the stipulation

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and under Rule 6(a)(l)(C) of the Federal Rules of Civil Procedure, GREE International

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Entertainment, Inc. and Funzio Games, Inc.’s response to the Complaint was due by Tuesday,

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December 26, 2017.

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prejudice as to Defendant GREE International, Inc.

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On December 15, 2017, Supercell Oy filed a notice of voluntary dismissal without

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On December 26, 2017, the GREE Defendants filed a Notice of Motion and Motion

to Dismiss Plaintiff’s Complaint for Failure to State a Claim Pursuant to Federal Rule 12(b)(6).

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8.

Supercell’s opposition or statement of non-opposition to GREE’s motion is due

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January 9, 2018.

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9.

In consideration of obligations and travel of Supercell’s counsel over the holiday

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period, GREE has agreed to extend the time for Supercell to respond to the motion to dismiss by

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STIPULATED REQUEST FOR ORDER CHANGING
TIME; [PROPOSED] ORDER

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Case No. 3:17-cv-5556-YGR

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seven (7) days. Under Rule 6(a)(1) of the Federal Rules of Civil Procedure, Supercell’s opposition

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or statement of non-opposition to GREE’s motion to dismiss is due by January 16, 2018.

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Supercell has also agreed to extend the time GREE will have to file a reply to

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Supercell’s opposition brief by seven (7) days, such that it has fourteen days to file and serve a

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reply after Supercell files and serves its opposition brief. Under Civil Local Rule 7-3(c), the reply

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to an opposition brief must be filed and served not more than 7 days after the opposition was due.

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Under Rule 6(a)(1) of the Federal Rules of Civil Procedure, GREE’s reply to Supercell’s

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opposition is due by January 30, 2018.

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On November 24, 2017 the Clerk’s Notice Setting the Case Management

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2:00 p.m., at the United States District Court for the Northern District of California, Ronald V.

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Conference set a Case Management Conference in this case on Monday, January 22, 2018, at

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F ENWICK & W ES T LLP

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Dellums Federal Building, Oakland in Courtroom 1, 4th Floor.

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GREE noticed the motion to dismiss hearing to be held before the Court on

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January 30, 2018.

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In the interest of preserving both party and Court resources, and subject to the

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Court’s availability and approval, the parties have conferred and have stipulated to combine the

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Case Management Conference with the hearing on the motion to dismiss and to hold the

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combined conference and hearing on February 12, 2018.

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14.

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The requested time modifications will have limited effect on the schedule of the

above.

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No other time modifications have been made in this case, other than those noted

case, as the Case Management Conference has not yet taken place.

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STIPULATION
NOW, THEREFORE, pursuant to Civil Local Rules 6-1(b) and 6-2 the Supercell and

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GREE respectfully stipulate and jointly request that the Court:
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to January 16, 2018;

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Extend the date for Supercell to respond to the motion to dismiss by seven (7) days

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STIPULATED REQUEST FOR ORDER CHANGING
TIME; [PROPOSED] ORDER

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Case No. 3:17-cv-5556-YGR

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brief by seven (7) days, such that GREE’s reply brief is due January 30, 2018;
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Extend the amount of time GREE is allowed to reply to Supercell’s opposition

Combine the Case Management Conference and hearing on GREE’s motion to
dismiss; and

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Set the combined Case Management Conference and hearing on GREE’s motion
to dismiss for February 12, 2018.

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Dated: January 8, 2018

Respectfully submitted,

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FENWICK & WEST LLP

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By: /s/ Michael J. Sacksteder
Michael J. Sacksteder
Attorneys for Plaintiff Supercell Oy

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Dated: January 8, 2018

PAUL HASTINGS LLP

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By: /s/ Yar R. Chaikovsky
Yar R. Chaikovsky
Attorneys for Defendants GREE, Inc.,
GREE International Entertainment, Inc.,
GREE International, Inc., and Funzio Games, Inc.

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ATTORNEY ATTESTATION
Pursuant to General Order 45, Part X-B and Civil Local Rule 5-1(i)(3), the filer attests that
concurrence in the filing of this document has been obtained from each of the above signatories.

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/s/ Michael J. Sacksteder
Michel J. Sacksteder

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STIPULATED REQUEST FOR ORDER CHANGING
TIME; [PROPOSED] ORDER

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Case No. 3:17-cv-5556-YGR

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS ORDERED THAT:

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1.

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The date for Supercell to respond to the motion to dismiss is extended by seven (7)
days to January 16, 2018;

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2.

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GREE will be permitted an additional seven (7) days to reply to Supercell’s
opposition brief, such that GREE’s reply brief is due January 30, 2018;

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3.

The Case Management Conference in this case scheduled for Monday, January 22,

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2018, at 2:00 p.m., is rescheduled for February 12, 2018 at 10:00am at the United

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States District Court for the Northern District of California, Ronald V. Dellums

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Federal Building, Oakland in Courtroom 1, 4th Floor.
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The hearing on GREE’s motion to dismiss, noticed for January 30, 2018 will be

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combined with the Case Management Conference and rescheduled for February

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12, 2018 at 10:00am at the United States District Court for the Northern District of

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California, Ronald V. Dellums Federal Building, Oakland in Courtroom 1,

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4th Floor.

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IT IS SO ORDERED.

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Dated:

January 9, 2018
The Honorable Yvonne Gonzalez Rogers
United States District Court Judge

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STIPULATED REQUEST FOR ORDER CHANGING
TIME; [PROPOSED] ORDER

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Case No. 3:17-cv-5556-YGR