Google Inc. v. American Blind & Wallpaper Factory, Inc.

Filing 247

Google Inc. v. American Blind & Wallpaper Factory, Inc.

Doc. 247

Case 5:03-cv-05340-JF

Document 247

Filed 12/29/2006

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KEKER & VAN NEST, LLP MICHAEL H. PAGE - #154913 MARK A. LEMLEY - #155830 KLAUS H. HAMM - #224905 AJAY S. KRISHNAN - #222476 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and Counter Defendant GOOGLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GOOGLE INC., a Delaware corporation, Plaintiff, v. AMERICAN BLIND & WALLPAPER FACTORY, INC., a Delaware corporation d/b/a decoratetoday.com, Inc., and DOES 1100, inclusive, Defendants. AMERICAN BLIND & WALLPAPER FACTORY, INC., a Delaware corporation d/b/a decoratetoday.com, Inc., Counter-Plaintiff, v. GOOGLE INC., Counter-Defendant.

Case No. C 03-5340-JF (RS) [PROPOSED] ORDER RE GOOGLE'S MOTION TO MAINTAIN THE CURRENT SCHEDULE OR ABIDE BY IT AS CLOSELY AS POSSIBLE

386976.01

[PROPOSED] ORDER RE GOOGLE'S MOTION TO MAINTAIN THE CURRENT SCHEDULE OR ABIDE BY IT AS CLOSELY AS POSSIBLE CASE NO. C 03-5340-JF (RS) Dockets.Justia.com

Case 5:03-cv-05340-JF

Document 247

Filed 12/29/2006

Page 2 of 2

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The Court has received plaintiff and counter-defendant Google Inc.'s ("Google") Motion To Maintain the Current Schedule or Abide by It as Closely as Possible, which was filed pursuant to Civil Local Rule 6­3. Pursuant to this Court's prior orders, the hearing date for filing dispositive motions was set for January 30, 2007, and the filing deadline for dispositive motions was therefore December 26, 2006. Because the Court is unavailable on January 30, 2007 to hear Google's Motion For Summary Judgment and Google's Motion for Terminating, Evidentiary, and Monetary Sanctions Against ABWF for Spoliation of Evidence (collectively, "Motions"), the hearing for those motions will be rescheduled for _________________, 2007, at _______ a.m./p.m. In the interest of fairness, any additional briefing time that results from the postponement of the dispostive-motion hearing will be divided evenly between the parties. To that end: · ABWF shall file its opposition papers to Google's Motions no later than ____________, 2007; and · Google shall file its reply papers in support of its Motions no later than ____________, 2007. Because the deadline for filing dispositive motions has passed, other than the Motions already filed by Google, no further dispositive motions shall be filed by either party. No other case management dates will be affected by this Order.

IT IS SO ORDERED.

Dated: _____________________, 2007

_______________________________ Hon. Jeremy Fogel Judge of the United States District Court

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386976.01

[PROPOSED] ORDER RE GOOGLE'S MOTION TO MAINTAIN THE CURRENT SCHEDULE OR ABIDE BY IT AS CLOSELY AS POSSIBLE CASE NO. C 03-5340-JF (RS)