Davis v. Pinterest, Inc.

Filing 58

ORDER by Judge Haywood S. Gilliam, Jr. Granting 57 Stipulation for Extended Response Deadline and Briefing Schedule. Motions due by 12/9/2020; Responses due by 1/6/2021; Replies due by 1/20/2021; and Motion Hearing set for 2/4/2021 02:00 PM before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 11/17/2020)

Case 4:19-cv-07650-HSG Document 58 Filed 11/17/20 Page 1 of 4

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DAVID H. KRAMER, SBN 168452
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]

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Attorneys for Defendant
PINTEREST, INC.

SUE J. NAM, SBN 206729
MICHAEL R. REESE, SBN 206773
REESE LLP
100 West 93rd Street. 16th Floor
New York, NY 10025
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail];
[e-mail]
GEORGE V. GRANADE, SBN 316050
REESE LLP
8484 Wilshire Boulevard, Suite 515
Los Angeles, CA 90211
Telephone:
[phone]
Email:
[e-mail]

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Attorneys for Plaintiff
HAROLD DAVIS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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HAROLD DAVIS,

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Plaintiff,
v.
PINTEREST, INC.,

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Defendant.

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CASE NO.: 4:19-cv-07650-HSG
JOINT STIPULATION AND ORDER FOR
EXTENDED RESPONSE DEADLINE
AND BRIEFING SCHEDULE
Civil Local Rule 6-2
Complaint Filed: November 20, 2019
Honorable Haywood S. Gilliam, Jr.

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STIPULATION AND [PROPOSED] ORDER

CASE NO.: 4:19-CV-07650-HSG

Case 4:19-cv-07650-HSG Document 58 Filed 11/17/20 Page 2 of 4

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Pursuant to Civil Local Rule 6-2, Defendant Pinterest, Inc. (“Defendant”) and Plaintiff

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Harold Davis (“Plaintiff”) (collectively, the “Parties”), by and through their respective counsel of

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record, hereby stipulate as follows:

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WHEREAS the Court permitted Plaintiff to file by November 13, 2020 a Second

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Amended Complaint (“SAC”) to address the deficiencies the Court previously identified in

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Plaintiff’s contributory copyright infringement claim. See ECF No. 55.

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WHEREAS Plaintiff filed his SAC on November 11, 2020. See ECF No. 56.

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WHEREAS Defendant intends to file a motion to dismiss the contributory infringement

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claim as alleged in the SAC.
WHEREAS, per the Court’s Scheduling Notes, the next available date on which
Defendant’s motion may be heard is February 4, 2021.

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WHEREAS the Parties have agreed to extend Defendant’s deadline to respond to the

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SAC and to an extended briefing schedule to enable the Parties to fully address the merits of

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Defendant’s anticipated motion and to minimize disruption from the upcoming holidays.

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Therefore, IT IS HEREBY STIPULATED by and between the Parties that:

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(i) Defendant should have until December 9, 2020 to file its motion to dismiss the

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contributory infringement claim in, or otherwise respond to, the SAC;

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(ii) Plaintiff should have until January 6, 2021 to respond to Defendant’s Rule 12 motion;

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(iii) Defendant should have until January 20, 2021 to file its reply; and

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(iv) If the Court chooses to set a hearing on Defendant’s motion, the parties are available

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on February 4, 2021, at 2:00 p.m., or on a date thereafter of the Court’s choosing.

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-1STIPULATION AND ORDER

CASE NO.: 4:19-CV-07650-HSG

Case 4:19-cv-07650-HSG Document 58 Filed 11/17/20 Page 3 of 4

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Respectfully submitted,
Dated: November 16, 2020

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

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By:
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/s/ David H. Kramer
David H. Kramer
[e-mail]

Attorneys for Defendant
PINTEREST, INC.

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Dated: November 16, 2020

REESE LLP

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By: /s/ Sue J. Nam
Sue J. Nam
[e-mail]

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Attorneys for Plaintiff
HAROLD DAVIS

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-2STIPULATION AND ORDER

CASE NO.: 4:19-CV-07650-HSG

Case 4:19-cv-07650-HSG Document 58 Filed 11/17/20 Page 4 of 4

ORDER

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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT:

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(i) Defendant shall have until December 9, 2020 to file its motion to dismiss the contributory

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infringement claim in, or otherwise respond to, Plaintiff’s Second Amended Complaint;

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(ii)

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(iii) Defendant shall have until January 20, 2021 to file its reply; and

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(iv) The hearing on Defendant’s motion shall be set for February 4, 2021 at 2:00 p.m.

Plaintiff shall have until January 6, 2021 to respond to Defendant’s Rule 12 motion;

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Dated: November 17, 2020

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HONORABLE HAYWOOD S. GILLIAM, JR.
United States District Judge

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-3STIPULATION AND [PROPOSED] ORDER

CASE NO.: 4:19-CV-07650-HSG