Digital Envoy Inc., v. Google Inc.,

Filing 22

Digital Envoy Inc., v. Google Inc.,

Doc. 22

Case 5:04-cv-01497-RS

Document 22

Filed 06/28/2004

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DAVID H. KRAMER, State Bar No. 168452 DAVID L. LANSKY, State Bar No. 199952 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Google Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION GOOGLE INC., Plaintiff, v. DIGITAL ENVOY, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) CASE NO.: C 04 01497 RS STIPULATION AND ORDER REALIGNING PARTIES AND WITHDRAWING MOTION TO TRANSFER AND/OR STAY

The parties, through their undersigned counsel, stipulate and agree as follows: 1. Digital Envoy's pending motion to dismiss for improper venue or, in the

alternative, to stay the instant action is hereby withdrawn and the associated hearing date is hereby vacated; 2. Digital Envoy is hereby reclassified as the plaintiff/counterdefendant in this action

and the counterclaims asserted against Google in Digital Envoy's Answer are hereby reclassified as Digital Envoy's claims against Google; 3. Google is hereby reclassified as the defendant/counterclaimant in this action and

the claims asserted against Digital Envoy in Google's Complaint are hereby reclassified as Google's counterclaims against Digital Envoy;
STIPULATION AND [PROPOSED] ORDER REALIGNING PARTIES AND WITHDRAWING MOTION TO TRANSFER/STAY Case No: C 04 01497 RS
Dockets.Justia.com

Case 5:04-cv-01497-RS

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Filed 06/28/2004

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4.

On a going forward basis, the caption of this litigation will be modified to reflect

the realignment of parties; and 5. Except as provided for in paragraph 1 herein, all pending dates, deadlines and

periods of time in this case shall remain unchanged and be unaffected by the reclassification of the parties.

IT IS SO STIPULATED: Dated: June 24, 2004 WILSON SONSINI GOODRICH & ROSATI Professional Corporation David H. Kramer David L. Lansky 650 Page Mill Road Palo Alto, CA 94304 Telephone: [phone] Facsimile: [phone] By: /s/ David L. Lansky David L. Lansky Attorneys for Google Inc. Dated: June 24, 2004 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP P. Craig Cardon Brian R. Blackman Kendall M. Burton Four Embarcadero Center, 17th Floor San Francisco, CA 94111-4106 Telephone: [phone] Facsimile: [phone] /s/ P. Craig Cardon P. Craig Cardon Attorneys for Digital Envoy, Inc. By: XXXXXXXXX [PROPOSED] ORDER Upon Stipulation of the Parties and good cause appearing therefor, IT IS SO ORDERED. DATED: 6/28/04 /s/ Richard Seeborg Honorable Richard Seeborg United States Magistrate Judge -2-

STIPULATION AND [PROPOSED] ORDER REALIGNING PARTIES AND WITHDRAWING MOTION TO TRANSFER/STAY Case No: C 04 01497 RS

Case 5:04-cv-01497-RS

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Filed 06/28/2004

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STIPULATION AND [PROPOSED] ORDER REALIGNING PARTIES AND WITHDRAWING MOTION TO TRANSFER/STAY Case No: C 04 01497 RS

CERTIFICATION I, David L. Lansky, am the ECF User whose identification and password are being used to file this Stipulation and [Proposed] Order Realigning Parties and Withdrawing Motion to Transfer and/or Stay. In compliance with General Order 45.X.B, I hereby attest that both parties have concurred in this filing.

DATED: June 24, 2004

WILSON SONSINI GOODRICH & ROSATI Professional Corporation

By:

/s/ David L. Lansky David L. Lansky Attorneys for Google Inc.

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