Kremen v. American Registry For Internet Numbers Ltd.

Filing 26

ORDER GRANTING re 25 Stipulation Continuing the Hearing on (1) Defendant American Registry of Internet Numbers, Ltd.'s Notion to Dismiss Plaintiff's Complaint Pursuant to 12(B)(6), or, alternatively, For a Stay; and (2) Case Management Conference, filed by American Registry For Internet Numbers Ltd. Signed by Judge James Ware on 8/28/06. (sp, COURT STAFF) (Filed on 8/28/2006)

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Kremen v. American Registry For Internet Numbers Ltd. Doc. 26 Case 5:06-cv-02554-JW Document 26 Filed 08/28/2006 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MANATT, PHELPS & PHILLIPS, LLP A T T O R N E Y S A T LAW PALO A L T O MANATT, PHELPS & PHILLIPS, LLP STEPHEN M. RYAN (DC Bar No. 359099) (sryan@manatt.com) 700 12th Street, N.W., Suite 1100 Washington, DC 20005-4075 Telephone: (202) 585-6500 Facsimile: (202) 585-6600 MANATT, PHELPS & PHILLIPS, LLP CHAD S. HUMMEL (CA Bar No. 139055) (chummel@manatt.com) JACK S. YEH (CA Bar No. 174286) (jyeh@manatt.com) 11355 W. Olympic Boulevard Los Angeles, CA 90064 Telephone: (310) 312-4000 Facsimile: (310) 312-4224 MANATT, PHELPS & PHILLIPS, LLP CHRISTOPHER L. WANGER (CA Bar No. 164751) (cwanger@manatt.com) JOHN P. KERN (CA Bar No. 206001) (jkern@manatt.com) 1001 Page Mill Road, Building 2 Palo Alto, CA 94304-1006 Telephone: (650) 812-1300 Facsimile: (650) 213-0260 Attorneys for Defendant AMERICAN REGISTRY FOR INTERNET NUMBERS, LTD. UNITED STATES DISTRICT COURT NORTHERN DISTRICT SAN JOSE DIVISION GARY KREMEN, Plaintiff, vs. AMERICAN REGISTRY FOR INTERNET NUMBERS LTD., Defendant. Case No. C 06-2554 JW [Related to Case No. C 98-20718 JW] STIPULATED REQUEST AND [PROPOSED] ORDER CONTINUING THE HEARING ON (1) DEFENDANT AMERICAN REGISTRY OF INTERNET NUMBERS, LTD.'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO 12(B)(6), OR, ALTERNATIVELY, FOR A STAY; AND (2) CASE MANAGEMENT CONFERENCE WHEREAS, Defendant American Registry of Internet Numbers, LTD's ("ARIN") Motion To Dismiss Plaintiff's Complaint Pursuant to 12(b)(6), Or, Alternatively, For A Stay ("Motion to Dismiss\Stay") is currently set for hearing in this Court on September 11, 2006; STIPULATED ORDER CONTINUING MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE Case No. C 06-02554 JW 41033752.1 Dockets.Justia.com Case 5:06-cv-02554-JW Document 26 Filed 08/28/2006 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Plaintiff Gary Kremen ("Plaintiff") filed his Opposition to the Motion to Dismiss\Stay on August 21, 2006; WHEREAS, the Initial Case Management Conference is set in this matter for September 11, 2006 at 10:00 am, and the Joint Case Management Statement filing deadline is September 4, 2006. WHEREAS, in the related case Kremen v. Cohen, Case No. C 98-20718 JW (the "Kremen v. Cohen Action"), also before the Honorable James Ware, ARIN's Motion For Clarification, Or, In The Alternative, For Modification Of The Order Dated September 17, 2001, Entitled "Order Re: Registration Of IP Numbers (NETBLOCKS) In The Name Of Judgment Creditor ("Motion to Clarify\Modify") is also currently scheduled for September 11, 2006; WHEREAS, in connection with the related case Kremen v. Cohen Action, the parties have come to an agreement regarding the production and review of information in ARIN's possession, continuation of the current September 11, 2006, hearing and August 28, 2006, Reply deadline on the Motion to Clarify\Modify in that action, a schedule for the filing of (and page limitations for) a supplemental brief from Plaintiff and a singular Reply brief from ARIN on Plaintiff's Opposition and the to-be-filed supplemental brief, and a continued hearing date regarding same in the Kremen v. Cohen Actioni and are concurrently seeking a stipulated continuance re same in that matter; WHEREAS, to the extent ARIN's production of information in the related Kremen v. Cohen Action may affect any of the issues on ARIN's Motion to Dismiss\Stay in this action, the parties have come to an agreement regarding the Plaintiff's filing (if any) of a supplemental brief and page limitations regarding the production of such information; and WHEREAS, in the interests of judicial economy, the parties have come to an agreement regarding the continuation of the current September 11 hearing and August 28 Reply deadline on ARIN's Motion to Dismiss\Stay, a schedule for the filing of (and page limitations for) a supplemental brief from Plaintiff and a singular Reply brief from ARIN on Plaintiff's Opposition and the to-be-filed supplemental brief, a continued hearing date regarding same in this action, and 2 a continued date for the Case Management Conference and filing of the Case Management STIPULATED ORDER CONTINUING HEARING ON MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE Case No. C 06-02554 JW 41033752.1 Case 5:06-cv-02554-JW Document 26 Filed 08/28/2006 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Statement. WHEREFORE, it is hereby stipulated by the parties through their respective counsel that: (1) the current September 11, 2006, hearing and the August 28, 2006, Reply deadline on ARIN's Motion to Dismiss\Stay shall be continued; (2) Plaintiff will be allowed to file and personally or electronically serve a supplemental brief on the Motion to Dismiss\Stay (not to exceed 15 pages) relating solely and exclusively to the information produced by ARIN pursuant to the Stipulation (and no other issues) in the related Kremen v. Cohen Action by September 18, 2006; (3) ARIN's Reply brief (not to exceed 25 pages) responding to Plaintiff's August 21, 2006, Opposition and Plaintiff's to-be-filed supplemental brief must be filed and personally or electronically served no later than October 2, 2006; (4) the hearing date on ARIN's Motion to Dismiss\Stay and the Case Management Conference shall be continued to October 23, 2006, at 9:00 a.m., or as soon thereafter as may be heard, as determined by the Court's availability. (The parties are also available on October 24, 25, and 26, 2006.) The Case Management Conference shall be due seven calendar days before the new hearing date. Dated: August 25, 2006 MANATT, PHELPS & PHILLIPS, LLP By: /s/ Jack S. Yeh Jack S. Yeh Counsel for Defendant AMERICAN REGISTRY FOR INTERNET NUMBERS, LTD. Dated: August 25, 2006 KRONENBERGER HANLEY, LLP By: /s/ Terri R. Hanley Terri R. Hanley Counsel for Plaintiff GARY KREMEN Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, Jack S. Yeh hereby attests that concurrence in the filing of this document has been obtained. 3 STIPULATED ORDER CONTINUING HEARING ON MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE Case No. C 06-02554 JW 41033752.1 Case 5:06-cv-02554-JW Document 26 Filed 08/28/2006 Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER Pursuant to the foregoing stipulation and good cause appearing therefor, it is hereby ordered as follows: (1) the current September 11, 2006, hearing and the August 28, 2006, Reply deadline on ARIN's Motion to Dismiss\Stay shall be continued; (2) Plaintiff will be allowed to file and personally or electronically serve a supplemental brief on the Motion to Dismiss\Stay (not to exceed 15 pages) relating solely and exclusively to the information produced by ARIN pursuant to the Stipulation (and no other issues) in the related Kremen v. Cohen Action by September 18, 2006; (3) ARIN's Reply brief (not to exceed 25 pages) on ARIN's Motion to Dismiss\Stay responding to Plaintiff's August 21, 2006, Opposition and Plaintiff's to-be-filed supplemental brief must be filed and personally or electronically served no later than October 2, 2006; (4) the hearing date on ARIN's Motion to Dismiss\Stay and the Case Management Conference shall be continued to October 23, 2006, at 9:00 a.m., or as soon thereafter as may be The Case Mgmt Conf. is set 10/23/06 at 10:00 a.m. heard, as determined by the Court's availability. The Case Management Conference shall be due seven calendar days before the new hearing date. IT IS SO ORDERED. Dated August 28, 2006 __________________________ The Honorable James Ware United States District Court Judge 4 STIPULATED ORDER CONTINUING HEARING ON MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE Case No. C 06-02554 JW 41033752.1

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