IO Group, Inc. v. Veoh Networks, Inc.

Filing 120

STIPULATION AND ORDER Extending Time for Defendant to File a Bill of Costs and Motion for Full Costs and Attorneys' Fees. Defendant's bill of costs and motion for fees/costs due by 9/17/2008. Signed by Magistrate Judge Howard R. Lloyd on 9/10/2008. (hrllc2, COURT STAFF) (Filed on 9/10/2008)

IO Group, Inc. v. Veoh Networks, Inc.

Doc. 120

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Michael S. Elkin (admitted pro hac vice) WINSTON & STRAWN LLP 200 Park Avenue New York, NY 10166-4193 Telephone: [phone] Facsimile: 212-294-4700 Email: [e-mail] Jennifer A. Golinveaux (SBN: 203056) Matthew A. Scherb (SBN: 237461) WINSTON & STRAWN LLP 101 California Street San Francisco, CA 94111-5894 Telephone: [phone] Facsimile: 415-591-1400 Email: [e-mail]; [e-mail] Attorneys for Defendant VEOH NETWORKS, INC. GILL SPERLEIN (SBN 172887) THE LAW FIRM OF GILL SPERLEIN 584 Castro Street, Suite 849 San Francisco, California 94114 Telephone: [phone] X32 Facsimile: [phone] [e-mail] Attorney for Plaintiff IO GROUP, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION IO GROUP, INC. Plaintiff, vs. VEOH NETWORKS, INC. Defendant. ) ) ) ) ) ) ) ) ) ) Case No. C 06-3926 HRL STIPULATION REQUESTING THE COURT TO EXTEND THE TIME FOR DEFENDANT TO FILE A BILL OF COSTS AND MOTION FOR FULL COSTS AND ATTORNEYS' FEES AND ORDER

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STIPULATION EXTENDING TIME Case No. C 06-3926 HRL Dockets.Justia.com

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Pursuant to Civil Local Rule 6-2, the parties jointly submit this Stipulation Requesting the Court to Extend the Time for Defendant to File a Bill of Costs and Motion for Full Costs and Attorneys' Fees. The Court entered judgment for Defendant in this case on August 27, 2008. See Declaration of Matthew Scherb ¶ 2 (attached hereto). Defendant's Bill of Costs and any motion for other costs and attorneys' fees are due this Wednesday, September 10, 2008. Id. ¶ 3. The parties are currently in the process of discussing ways to resolve the costs and attorneys' fees issues without the need for the Court's intervention. In order to provide time to attempt to resolve these issues, the parties respectfully request a one week extension of Defendant's deadline to submit a Bill of Costs and any motion for other costs and attorneys' fees, so that Defendant's Bill of Costs and any motion for other costs and attorneys' fees shall be due by September 17, 2008. Id. ¶ 4. Previously in this case, the Court granted, after stipulation, extensions of time for Defendant to answer Plaintiff's Complaint and for Defendant to respond to Plaintiff's Motion to Consolidate. Id. ¶ 5. The parties do not expect the requested extension to impact the progress of this case. Id. ¶ 6. Respectfully submitted, Dated: September 9, 2008 WINSTON & STRAWN, LLP By: /s/ Michael S. Elkin Jennifer A. Golinveaux Matthew A. Scherb Attorneys for Defendant VEOH NETWORKS, INC. Dated: September 9, 2008 LAW OFFICES OF GILL SPERLEIN By: /s/ Gill Sperlein Attorneys for Plaintiff IO GROUP, INC.

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STIPULATION EXTENDING TIME Case No. C 06-3926 HRL

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 Dated: September 10, 2008

CONCURRENCE IN FILING Concurrence in the filing of the above was obtained from Gill Sperlein. Dated: September 9, 2008 /s/ Matthew A. Scherb

[PROPOSED] ORDER XXXXXXXXX PURSUANT TO STIPULATION, IT IS SO ORDERED.
________ UNITED STATES MAGISTRATE JUDGE Howard R. Lloyd

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STIPULATION EXTENDING TIME Case No. C 06-3926 HRL

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DECLARATION OF MATTHEW SCHERB I, Matthew Scherb, declare: 1. I am an attorney at law, duly licensed to practice law in the State of California. I am

an associate with the law firm of Winston & Strawn LLP, counsel of record for Defendant Veoh Networks, Inc. in this action, and am authorized to make this declaration in that capacity. I make this declaration of my own personal knowledge and, if called upon to testify, could and would testify competently as stated herein. 2. 3. The Court entered judgment for Defendant in this case on August 27, 2008. Defendant's Bill of Costs and any motion for other costs and attorneys' fees are due

this Wednesday, September 10, 2008. 4. The parties are currently in the process of discussing ways to resolve the costs and

attorneys' fees issues without the need for the Court's intervention. In order to provide time to attempt to resolve these issues, the parties respectfully request a one week extension of Defendant's deadline to submit a Bill of Costs and any motion for other costs and attorneys' fees, so that Defendant's Bill of Costs and any motion for other costs and attorneys' fees shall be due by September 17, 2008. 5. Previously in this case, the Court granted, after stipulation, extensions of time for

Defendant to answer Plaintiff's Complaint and for Defendant to respond to Plaintiff's Motion to Consolidate. 6. The parties do not expect the requested extension to impact the progress of this case. /s/ Matthew Scherb

Dated: September 8, 2008

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STIPULATION EXTENDING TIME Case No. C 06-3926 HRL