Digital Envoy Inc., v. Google Inc.,

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P. CRAIG CARDON, Cal . Bar No . 168646 BRIAN R. BLACKMAN, Cal . Bar No. 196996 KENDALL M. BURTON, Cal . Bar No. 228720 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Four Embarcadero Center, 17th Floo r San Francisco, California 94111-4106 Telephone : [phone] Facsimile : 15-434-394 7 TIMOTHY H . KRATZ (Admitted Pro Hac Vice) LUKE ANDERSON (Admitted Pro Hac Vice) MCGUIRE WOODS, L .L . P 1170 Peachtree Street, N.E., Suite 2100 Atlanta, Georgia 3030 9 Telephone : [phone] Facsimile : 404.443 .575 1 Attorneys for DIGITAL ENVOY, INC .

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION DIGITAL ENVOY, INC ., Plaintiff'/Counterdefendant ,
V.

ase No. C 04 01497 RS STIPULATION AND [PROPOSED] ORDER TO EXTEND THE TIME TO FILE OPPOSITION AND REPLY PAPERS FOR GOOGLE'S MOTION FOR PARTIAL SUMMARY JUDGMEN T

GOOGLE, INC ., Defendant/Counterclaimant .

Digital Envoy, Inc, ("Digital Envoy") and Google, Inc . ("Google") submit, through their counsel of record, this stipulation to extend the time to file their opposition to Google's Motion for Partial Summary Judgment Regarding Digital Envoy's Damages Claims, set for hearing on September 21, 2005 ("Google's Motion" or "Motion") . I. oogle filed its Motion on August 17, 2005 . Digital Envoy's opposition papers to

Google's Motion are currently due on August 31, 2005, and Google's reply papers are due on September 7, 2005 ;

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TIPULATION AND ORDER EXTENDING TIME TO FILE OPPOSITION AND REPLY PAPERS

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s of August 30, 2005, Digital Envoy's counsel is experiencing a firm-wide

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computer network shutdown due to a computer virus . The network shutdown has prevented access to the Internet and research services, access to stored documents on the network system, and the ability to send and receive email attachments or email messages, and has therefore significantly hindered counsel's ability to finalize and prepare Digital Envoy's opposition to Google's Motion . 3. he parties have agreed to grant Digital Envoy a one-day extension to file its

opposition brief and grant Google a one-day extension to file its reply brief . Under this schedule, opposition papers are due for filing and service on or before September 1, 2005 and reply papers are due for filing and service on or before September 8, 2005 .

IT IS SO STIPULATED .

DATED : August 30, 2005 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

By

s/ P . Craig Cardo n

P . CRAIG CARDON BRIAN R. BLACKMAN KENDALL M . BURTON TIMOTHY H . KRATZ (Admited Pro Hae Vice) MCGUIRE WOODS, L .L .P 1170 Peachtree Street, N.E., Suite 2100 Atlanta, Georgia 3030 9 Telephone : [phone] Facsimile : 404.443 .5 751 Attorneys for DIGITAL ENVOY, INC .

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STIPULATION AND ORDER EXTENDING TIME TO FILE OPPOSITION AND REPLY PAPER S

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DATED : August 30, 2005 WILSON SONSINI GOODRICH & ROSATI Pc

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By

s/ David H . Krame r DAV ID H . KRAMER STEPHEN C . HOLMES Attorneys for GOOGLE, INC .

7 8 ORDER Based on the p art ies' stipulation and good cause appearing, IT IS ORDERED THAT : igital Envoy's opposition to Google's Motion for P art ial Summary Judgment Regarding Digital Envoy's Damages Claims shall be due on September 1, 2005 . . oogle's Reply in Support of its Motion for P artial Summary Judgment Regarding

Digital Envoy's Damages Claims shall be due on September S, 2005 . IT IS SO ORDERED .

ATED :

8/31

2005

/s/ Richard Seeborg
RICHARD SEEBORG Magistrate Judge, United States District Court

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STIPULATION AND ORDER EXTENDING TIME TO FILE OPPOSITION AND REPLY PAPERS