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

Filing 23

STIPULATION AND ORDER for Further Extension of Time for Defendants to Respond to Plaintiff's NOtice of Related Cases and to Reset Dates Relating to Case Management Conference. Initial case management conference currently set for 10/17/2006, 1:30 p.m. is taken off calendar. Plaintiff's administrative motion for related case determination will be deemed submitted for decision as of 10/20/2006. Signed by Magistrate Judge Howard R. Lloyd on 9/22/06. (hrllc2, COURT STAFF) (Filed on 9/22/2006)

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

Doc. 23

Case 5:06-cv-03926-HRL

Document 23

Filed 09/22/2006

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GILL SPERLEIN (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.

*ORDER E-FILED ON 9/22/06*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. C-06-3926 (HRL) STIPULATION AND [PROPOSED] ORDER FOR FURTHER EXTENSION OF TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S NOTICE OF RELATED CASES; AND TO RESET DATES RELATING TO CASE MANAGEMENT CONFERENCE.

IO GROUP, INC., a California corporation, Plaintiff, vs. VEOH NETWORKS, Inc, a California Corporation, Defendant.

Pursuant to Civil Local Rule 6-2, Plaintiff Io Group, Inc. and Defendant Veoh Network, Inc., hereby stipulate that the Court will refrain from ruling as to whether or not Io Group, Inc. v. Veoh, Networks, Inc., C-06-3926 (HRL), Io Group, Inc. v. Data Conversions, Inc, C-06-065162 (HRL), and Io Group, Inc. v. Webnovas Technologies, Inc. and Gonetmarket, Inc, C-06-5334 (JSW) are related until after October 19, 2006 when the defendants in the other actions have had sufficient opportunity to file an opposition or notice of non-opposition. This stipulation will effect the date of the Case Management Conference and related deadlines, taking them off calendar until the Court has made its ruling as to whether or not the case are related.
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Dockets.Justia.com

Case 5:06-cv-03926-HRL

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The extension of time is necessary to ensure that defendants have an opportunity to be heard on the issue relatedness and to ensure the efficient use of the Court's time. WHEREAS Plaintiff Io Group, Inc. filed a Notice of Related Cases in this matter on September 11, 2006, seeking to relate cases Io Group, Inc. v. Veoh, Networks, Inc., C-06-3926 (HRL), Io Group, Inc. v. Data Conversions, Inc, C-06-065162 (HRL), and Io Group, Inc. v. Webnovas Technologies, Inc. and Gonetmarket, Inc, C-06-5334 (JSW). WHEREAS under stipulation an answer or other response is not due from Webnovas Technologies, Inc and Gonetmarket, Inc until October 10, 2006 and from Data Conversions, Inc. until October 19, 2006. WHEREAS defendants Webnovas Technologies, Inc., Gonetmarket, Inc., and Data Conversions, Inc. should have an opportunity to respond to the Notice of Related Cases before this Court issues its order; and WHEREAS it would be an inefficient use of the time of the parties and the Court to prepare and hold the Case Management Conference until after the Court has ruled as to whether or not Io Group, Inc. v. Veoh, Networks, Inc., C-06-3926 (HRL), Io Group, Inc. v. Data Conversions, Inc, C-06-065162 (HRL), and Io Group, Inc. v. Webnovas Technologies, Inc. and Gonetmarket, Inc, C-06-5334 (JSW) are related. The parties do therefore stipulate and agree as follows: 1. The Court will rule whether or not Io Group, Inc. v. Veoh, Networks, Inc., C-06-

3926 (HRL), Io Group, Inc. v. Data Conversions, Inc, C-06-065162 (HRL), and Io Group, Inc. v. Webnovas Technologies, Inc. and Gonetmarket, Inc, C-06-5334 (JSW) are related after October 19, 2006 so that all defendants have sufficient time to file an opposition or notice of nonopposition.

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Case 5:06-cv-03926-HRL

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2.

The Case Management Conference currently calendared for October 10, 2006 will

be taken off calendar and re-calendared after the Court has ruled as to whether or not Io Group, Inc. v. Veoh, Networks, Inc., C-06-3926 (HRL), Io Group, Inc. v. Data Conversions, Inc, C-06065162 (HRL), and Io Group, Inc. v. Webnovas Technologies, Inc. and Gonetmarket, Inc, C-065334 (JSW) are related. 3. The related deadlines (Deadline for ADR Selection, Deadline to Meet and Confer

regarding Initial Disclosures and Deadline for filing Case Management Conference Statement) will be re-calendared once a date has been selected for the Case Management Conference.

SO STIPULATED.

Dated: September 21, 2006

/s/ Gill Sperlein Gill Sperlein (CA Bar Number 172887) THE LAW FIRM OF GILL SPERLEIN Attorney's for Plaintiff

Dated: September 21, 2006

/s/ Paul M. Fakler Paul M. Fakler (pro hoc vice) THELEN REID & PRIEST LLP Attorney's for Defendant

I hereby attest pursuant to Northern District of California General Order No. 45 that the concurrence to the filing of this document has been obtained from each signatory hereto.

Dated: September 21, 2006

/s/ Gill Sperlein GILL SPERLEIN, Counsel for Plaintiff Io Group, Inc.

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[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Plaintiff's administrative motion for a related case determination will be deemed submitted for decision as of October 20, 2006. Dated: September 22, 2006 HONORABLE HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE

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