In Re Application of Ilyas Khrapunov

Filing 39

ORDER by Judge Haywood S. Gilliam, Jr. Granting 38 Stipulation Continuing Hearing Date and Resetting Briefing Schedule. (ndrS, COURT STAFF) (Filed on 1/9/2018)

Download PDF
1 JEFFREY L. BORNSTEIN – 099358 MICHAEL FREEDMAN – 262850 2 CARA E. TRAPANI – 313411 ROSEN BIEN GALVAN & GRUNFELD LLP 3 50 Fremont Street, 19th Floor San Francisco, California 94105-2235 4 Telephone: (415) 433-6830 Facsimile: (415) 433-7104 JBornstein@rbgg.com 5 Email: MFreedman@rbgg.com CTrapani@rbgg.com 6 7 ATTORNEYS FOR NON-PARTIES 8 PAVEL PROSYANKIN AND JOHN DOE 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION 12 13 IN RE APPLICATION OF ILYAS KHRAPUNOV PURSUANT TO 28 14 U.S.C. § 1782 FOR THE TAKING OF DISCOVERY FOR USE IN A FOREIGN 15 PROCEEDING Case No. 4:17-mc-80107-HSG 16 Judge: Hon. Haywood S. Gilliam, Jr. Date: March 29, 2018 Time: 2:00 p.m. 17 STIPULATION AND ORDER CONTINUING HEARING DATE AND RE-SETTING BRIEFING SCHEDULE 18 19 20 21 22 23 24 25 26 27 28 [3212462.1] Case No. 4:17-mc-80107-HSG STIPULATION AND ORDER CONTINUING HEARING DATE AND RE-SETTING BRIEFING SCHEDULE 1 Non-Parties Pavel Prosyankin and Joe Doe (collectively “Objectors”), by their 2 counsel Jeffrey L. Bornstein, and Applicant Ilyas Khrapunov, by his counsel Martha 3 Boersch, hereby stipulate and agree as follows: 1. 4 On October 1, 2017, Objectors Pavel Prosyankin and John Doe filed a motion to 5 quash the subpoena Magistrate Judge Kandis A. Westmore issued on August 25, 2017, to Google, 6 Inc. (Dkt. 8). Ilyas Khrapunov has applied for that subpoena pursuant to 28 U.S.C. § 1782. 2. 7 After briefing and oral argument on the motion to quash, Judge Westmore issued 8 an order on November 22, 2017, granting in part and denying in part the Objectors’ motion to 9 quash. In the order, she granted the Objectors 15 days in which to file a motion in this Court for 10 relief from her order. (Dkt. 29). 3. 11 On December 6, 2017, the Objectors filed a Motion for De Novo Determination of 12 Dispositive Order of Magistrate Judge concurrently with an Administrative Motion to Augment 13 Record and Set Briefing Schedule. (Dkts. 32 and 33). Based on the Court’s calendar, Objectors 14 noticed March 1, 2018, as the hearing date for their motions. Objectors’ counsel has a conflict and 15 after conferring with Applicant’s counsel is requesting a four-week continuance to March 29, 16 2018, due to the Court’s availability. 4. 17 Subject to this Court’s confirming Order, the parties request that: 18  The hearing date be continued to March 29, 2018. 19  Applicant Khrapunov’s responses shall be filed on or before February 21, 2018.  Any replies by the Objectors shall be filed on or before March 7, 2018. 20 21 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / [3212462.1] Case No. 4:17-mc-80107-HSG 1 STIPULATION AND ORDER CONTINUING HEARING DATE AND RE-SETTING BRIEFING SCHEDULE 1 IT IS SO STIPULATED 2 DATED: January 9, 2018 Respectfully submitted, 3 ROSEN BIEN GALVAN & GRUNFELD LLP By: /s/ Jeffrey L. Bornstein Jeffrey L. Bornstein Michael Freedman Cara E. Trapani 4 5 6 7 Attorneys for Non-Parties PAVEL PROSYANKIN AND JOHN DOE 8 9 10 DATED: January 9, 2018 11 BOERSCH SHAPIRO LLP By: /s/ Martha Boersch Martha Boersch 12 Attorney for Applicant ILYAS KHRAPUNOV 13 14 15 ECF ATTESTATION 16 17 I attest that concurrence in e-filing this STIPULATION AND [PROPOSED] 18 ORDER CONTINUING HEARING DATE AND RE-SETTING BRIEFING 19 SCHEDULE has been received from Martha Boesrsch in compliance with Civil L.R. 520 1(i)(3). 21 DATED: January 9, 2018 22 23 By: /s/ Jeffrey L. Bornstein Jeffrey L. Bornstein 24 25 26 27 28 [3212462.1] Case No. 4:17-mc-80107-HSG 2 STIPULATION AND ORDER CONTINUING HEARING DATE AND RE-SETTING BRIEFING SCHEDULE 1 2 ORD DER IT IS HEREBY ORDERED, based on th foregoin stipulatio of the pa H O , the ng on arties and 3 good cause ap ppearing, th motions hearing prev he h viously set for March 1, 2018 has been s 4 con ntinued to March 29, 2018 at 2:00 p.m. App M 2 0 plicant Ilyas Khrapuno opposit s ov’s tions to the 5 Mo otion for De Novo Rev e view and Administrativ Motion t Augmen Record an Set ve to nt nd 6 Bri iefing shou be due on or before February 2 2018. A replies by the Obje uld 21, Any ectors shall l 7 be filed on or before Mar 7, 2018. This Orde does not alter the St Order is rch er tay ssued by 8 the Magistrate Judge in her Novemb 22, 2017 order (Dkt. 29), whi shall rem in 7, e e h ber ich main 9 eff through fect hout the pen ndency of th appeal. his 10 11 IT IS SO ORDER S RED. By: 12 13 DA ATED: Jan nuary 9, 201 18 14 ON. WOOD S. G GILLIAM, J JR. HO HAYW Un nited States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [3212462.1] Case No. 4:17 7-mc-80107-HS SG 3 ST TIPULATION AND ORDER CONTINUI N R ING HEARIN DATE AN RE-SETTI NG ND ING BRIEFIN SCHEDUL NG LE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?