Unlockd Media, Inc. Liquidation Trust v. Google LLC et al

Filing 81

ORDER by Judge Haywood S. Gilliam, Jr. Granting 80 Stipulation TO EXTEND DEADLINE TO EXCHANGE INITIAL DISCLOSURES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(a)(1)(C). (ndr, COURT STAFF) (Filed on 9/20/2022)

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COOLEY LLP
MICHAEL G. RHODES (116127) ([e-mail])
BEATRIZ MEJIA (190948) ([e-mail])
ASHLEY K. CORKERY (301380) ([e-mail])
3 Embarcadero Center, 20th Floor
San Francisco, CA 9411-4004
Telephone: [phone]
Facsimile: [phone]
JOHN C. DWYER (136533) ([e-mail])
3175 Hanover Street
Palo Alto, CA 94304-1130
Telephone: [phone]
Facsimile: [phone]
DEEPTI BANSAL (1001754) (admitted pro hac vice) ([e-mail])
ALEXANDER J. KASNER (310637) ([e-mail])
1299 Pennsylvania Avenue, NW, Suite 700
Washington, DC 20004-2400
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
GOOGLE LLC, GOOGLE IRELAND LTD.,
GOOGLE COMMERCE LTD., and GOOGLE ASIA
PACIFIC PTE. LTD.

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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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Case No. 4:21-cv-07250-HSG

UNLOCKD MEDIA, INC.
LIQUIDATION TRUST, by and
through its duly appointed trustee,
Peter S. Kaufman,
v.

JOINT STIPULATION TO EXTEND
DEADLINE TO EXCHANGE INITIAL
DISCLOSURES PURSUANT TO FEDERAL
RULE OF CIVIL PROCEDURE 26(a)(1)(C)
AND ORDER

Plaintiff,

GOOGLE LLC; GOOGLE IRELAND
LIMITED; GOOGLE COMMERCE
LIMITED; and GOOGLE ASIA PACIFIC
PTE. LIMITED,

Hon. Haywood S. Gilliam, Jr.

Defendants.

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

1.

JOINT STIPULATION TO EXTEND DEADLINE TO
EXCHANGE INITIAL DISCLOSURES
(CASE NO. 4:21-CV-07250-HSG)

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Pursuant to Civil Local Rules 6-2 and 7-12 and Federal Rule of Civil Procedure 26(a)(1)(C),

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Plaintiff Unlockd Media, Inc. Liquidation Trust, by and through its duly appointed trustee, Peter S.

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Kaufman (“Plaintiff”), and Defendants Google LLC, Google Ireland Limited, Google Commerce

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Limited, and Google Asia Pacific Pte. Limited (“Defendants”) (collectively, the “Parties”), by and

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through their attorneys of record, hereby stipulate and agree as follows:

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WHEREAS, Plaintiff filed this action on September 17, 2021 (ECF No. 1);

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WHEREAS, on March 14, 2022, Defendants filed a Motion to Dismiss the First Amended

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Complaint (ECF No. 60);

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WHEREAS, pursuant to the Parties’ stipulation and this Court’s order, the Parties’ initial Case

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Management Conference and Defendants’ Motion to Dismiss are set to be heard on September 29,

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2022 at 2:00 p.m. PT (ECF No. 71);

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WHEREAS, pursuant to Federal Rule of Civil Procedure 26(a)(1)(C), parties are generally

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required to exchange initial disclosures at or within 14 days after the parties’ Rule 26(f) conference

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unless a different time is set by stipulation or court order;

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WHEREAS, given the pending Motion to Dismiss, the Parties believe good cause exists to

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extend the date for exchange of initial disclosures to twenty (20) days after this Court rules on

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Defendants’ pending Motion to Dismiss (ECF No. 60) if the Motion is denied; and if the Court grants

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the Motion to Dismiss with leave to amend, until twenty (20) days after the filing of an answer or other

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responsive pleading to the amended operative complaint;
WHEREAS, this stipulation is not made for any improper purpose and will not prejudice either

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Party;

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WHEREAS, this stipulation is not intended to operate as an admission of any factual allegation

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or legal conclusion and is submitted subject to and without waiver of any rights, defenses, affirmative

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defenses, or objections; and

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WHEREAS, the requested modifications will not otherwise impact the schedule for the case.

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties that the

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deadline for the Parties to exchange initial disclosures as required under Federal Rule of Civil

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Procedure 26(a) is extended to twenty (20) days after this Court rules on Defendants’ pending Motion

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

2.

JOINT STIPULATION TO EXTEND DEADLINE TO
EXCHANGE INITIAL DISCLOSURES
(CASE NO. 4:21-CV-07250-HSG)

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to Dismiss (ECF No. 60) if the Motion is denied; and if the Court grants the Motion to Dismiss with

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leave to amend, until twenty (20) days after the filing of an answer or other responsive pleading to the

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amended operative complaint.

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IT IS SO STIPULATED.

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Dated: September 19, 2022

COOLEY LLP

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By: _/s/ Beatriz Mejia
Beatriz Mejia

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_______________

Attorneys for Defendants
GOOGLE LLC, GOOGLE IRELAND LTD.,
GOOGLE COMMERCE LTD., GOOGLE ASIA
PACIFIC PTE. LTD.

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Dated: September 19, 2022

DIAMOND McCARTHY LLP

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By: _/s/ Grace J. Pak
Grace J. Pak

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Attorneys for Plaintiff
UNLOCKD MEDIA, INC. LIQUIDATION TRUST,
by and through its duly appointed trustee, PETER S.
KAUFMAN

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

3.

JOINT STIPULATION TO EXTEND DEADLINE TO
EXCHANGE INITIAL DISCLOSURES
(CASE NO. 4:21-CV-07250-HSG)

ORDER

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Pursuant to the Parties’ stipulation and good cause having been shown, it is ordered that the

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deadline for the Parties to exchange initial disclosures pursuant to Federal Rule of Civil

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Procedure 26(a) is extended to twenty (20) days after this Court rules on Defendants’ pending Motion

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to Dismiss (ECF No. 60) if the Motion is denied; and if the Court grants the Motion to Dismiss with

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leave to amend, until twenty (20) days after the filing of an answer or other responsive pleading to the

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amended operative complaint.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: 9/20/2022

_______________________________
Hon. Haywood S. Gilliam, Jr.
UNITED STATES DISTRICT JUDGE

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

4.

JOINT STIPULATION TO EXTEND DEADLINE TO
EXCHANGE INITIAL DISCLOSURES
(CASE NO. 4:21-CV-07250-HSG)