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

Filing 95

ORDER (as modified) GRANTING 94 STIPULATION TO CONTINUE MOTION TO DISMISS HEARING AND CASE MANAGEMENT CONFERENCE. Reset Hearing as to 61 MOTION to Dismiss First Amended Complaint: Initial Case Management Conference and Motion Hearing set for 1/26/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 11/9/2022. (ndr, COURT STAFF) (Filed on 11/9/2022)

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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 94111-4004
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 AND ORDER TO
CONTINUE MOTION TO DISMISS
HEARING AND CASE MANAGEMENT
CONFERENCE (as modified)

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 CONTINUE HEARINGS
(CASE NO. 4:21-CV-07250-HSG)

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Pursuant to Civil Local Rules 6-2, 7-12, and 16-2(d)–(e), Plaintiff Unlockd Media, Inc.

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Liquidation Trust, by and through its duly appointed trustee, Peter S. Kaufman (“Plaintiff”) and

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Defendants Google LLC, Google Ireland Limited, Google Commerce Limited, and Google Asia

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Pacific Pte. Limited (“Defendants”) (collectively, the “Parties”), by and through their attorneys of

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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 were previously set to be heard on

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September 29, 2022 at 2:00 p.m. PT (ECF No. 71), but was continued by the Court to

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October 27, 2022 (ECF No. 89);

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WHEREAS, on September 29, 2022, given counsel for the Parties’ conflicts and pursuant to

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the Parties’ stipulation, the Court continued the initial Case Management Conference and hearing on

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Defendants’ Motion to Dismiss to November 10, 2022 (ECF No. 91);
WHEREAS, on November 7, 2022, this Court continued the initial Case Management

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Conference and the Motion to Dismiss hearing to December 8, 2022 (ECF No. 93);

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WHEREAS, counsel for both Parties have unavoidable conflicts on December 8, 2022;

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WHEREAS, the Parties believe good cause exists to continue the initial Case Management

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Conference and hearing on Defendants’ Motion to Dismiss to preferably (1) December 15, 2022 at

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2:00 p.m. PT; or alternatively, in case December 15, 2022 does not work with the Court’s schedule,

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(2) January 26, 2023 at 2:00 p.m. PT;
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, 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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hearing for the Parties’ initial Case Management Conference and Defendants’ Motion to Dismiss be

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continued to:

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

2.

JOINT STIPULATION TO CONTINUE HEARINGS
(CASE NO. 4:21-CV-07250-HSG)

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(1)

Preferably December 15, 2022 at 2:00 p.m. PT; or

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(2)

Alternatively, in case December 15, 2022 does not work with the Court’s schedule,

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January 26, 2023 at 2:00 p.m. PT.
IT IS SO STIPULATED.

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Dated: November 9, 2022

COOLEY LLP

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By: /s/ Beatriz Mejia
Beatriz Mejia

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_

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

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Dated: November 9, 2022

DIAMOND McCARTHY LLP

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By:

Justin Strother
Justin Strother (admitted pro hac vice)

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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 CONTINUE HEARINGS
(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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initial Case Management Conference and the Motion to Dismiss hearing scheduled

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for November 10, 2022 is continued to January 26, 2022 at 2:00 p.m. PT.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: 1/9/2022_

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

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

4.

JOINT STIPULATION TO CONTINUE HEARINGS
(CASE NO. 4:21-CV-07250-HSG)