CLRB Hanson Industries, LLC et al v. Google Inc.

Filing 29

STIPULATION and [Proposed] Order Continuing Initial Case Management Conference by Google Inc.. (Jhang, Christopher) (Filed on 12/22/2005)

CLRB Hanson Industries, LLC et al v. Google Inc.

Doc. 29

Case 5:05-cv-03649-JW

Document 29

Filed 12/22/2005

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DAVID T. BIDERMAN, Bar No. 101577 JUDITH B. GITTERMAN, Bar No. 115661 M. CHRISTOPHER JHANG, Bar No. 211463 PERKINS COIE LLP 180 Townsend Street, 3rd Floor San Francisco, California 94107-1909 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Email: [e-mail] Attorneys for Defendant Google, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

CLRB HANSON INDUSTRIES, LLC d/b/a INDUSTRIAL PRINTING, and HOWARD STERN, on behalf of themselves and all others similarly situated, Plaintiffs,

CASE NO. C O5-03649 JW STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE (Santa Clara Superior Court Case No. 1-05-CV-046409)

15 v. 16 GOOGLE, INC., 17 Defendant. 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE CASE NO. 05-03649 JW

WHEREAS, on August 3, 2005, plaintiffs CLRB Hanson Industries, LLC, dba Industrial Printing, and Howard Stern ("Plaintiffs") filed their Complaint against defendant Google, Inc. ("Defendant"), WHEREAS, in September 2005, upon transfer to this Court, this case was assigned to Judge James Ware and the Court set the deadline to file a Joint Case Management Statement on January 9, 2006 and an initial Case Management Conference for January 23, 2006, WHEREAS, on October 12, 2005, Defendant filed and served its Motion to Dismiss Plaintiffs' Complaint,

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Case 5:05-cv-03649-JW

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WHEREAS, on November 14, 2005, Plaintiffs filed and served their First Amended Complaint, WHEREAS, on January 3, 2006, Defendant will file a Motion to Dismiss Plaintiffs' First Amended Complaint and will notice a hearing date for March 6, 2006, WHEREAS given the pendency of Defendant's Motion to Dismiss, the parties agree that judicial economy would best be served by continuing the January 9, 2006 Joint Case Management Statement deadline and the January 23, 2006 Case Management Conference until sufficient time after Defendant's Motion to Dismiss is heard, so that the Court may issue an Order on that motion and the pleadings will be settled, THE PARTIES THEREFORE STIPULATE and respectfully request that the Court continue the presently set January 9, 2006 Joint Case Management Statement deadline to April 21, 2006, and continue the presently set January 23, 2006 Case Management Conference to May 1, 2006, at 10:00 a.m., or as soon thereafter as the Court's schedule will allow. DATED: December 22, 2005 PERKINS COIE LLP By /S/ M. Christopher Jhang Attorneys for Defendant, Google, Inc.

16 17 18 19 By 20 21 22 23 24 25 26 27 28 DATED: December 22, 2005

ALEXANDER, HAWES & AUDET, LLP /S/ Ryan M. Hagan Attorneys for Plaintiffs CLRB Hanson Industries, LLC, dba Industrial Printing, and Howard Stern and the Proposed Class

-2STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE CASE NO. 05-03649 JW

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ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

_______________________________ Honorable James Ware United States District Court Judge

STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE CASE NO. 05-03649 JW

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Proof of Service INSERT TITLE

PROOF OF SERVICE I, Susan E. Daniels, declare: I am a citizen of the United States and am employed in the County of San Francisco, State of California. I am over the age of 18 years and am not a party to the within action. My business address is Perkins Coie LLP, 180 Townsend Street, 3rd Floor, San Francisco, California 94107-1909. I am personally familiar with the business practice of Perkins Coie LLP. On December 22, 2005, I served the following document(s):

STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE
by placing a true copy thereof enclosed in a sealed envelope addressed to the following parties: William M. Audet, Esq. Ryan M. Hagan, Esq. Jason Baker, Esq. ALEXANDER, HAWES & AUDET, LLP 152 North Third Street, Suite 600 San Jose, CA 95112 Tel: [phone]; Fax: [phone] Lester L. Levy, Esq. Michele F. Raphael, Esq. Renee L. Karalian, Esq. WOLF POPPER LLP 845 Third Avenue New York, NY 10022 Tel: [phone]; Fax: [phone] Attorney for Plaintiffs and the Proposed Class

Attorney for Plaintiffs and the Proposed Class

XXX (By Mail) I caused each envelope with postage fully prepaid to be placed for collection and mailing following the ordinary business practices of Perkins Coie LLP. I declare under penalty of perjury under the laws of the State of California that the above is true and correct and that this declaration was executed at San Francisco, California.

DATED: December 22, 2005.

/S/ Susan E. Daniels

[41063-0023-000000/BY053530.098]