Coupons, Inc. v. Stottlemire

Filing 58

Declaration of Dennis M. Cusack in Support of Stipulation and [Proposed] Order to Extend Time to File Opposition and Reply to Motion to Dismiss #57 filed byCoupons, Inc. (Related document(s) #57 ) (Cusack, Dennis) (Filed on 3/28/2008) Modified on 3/31/2008 (bw, COURT STAFF).

Coupons, Inc. v. Stottlemire

Doc. 58

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

Neil A. Goteiner (State Bar No. 083524) Dennis M. Cusack (State Bar No. 124988) Carly O. Alameda (State Bar No. 244424) Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail], [e-mail], [e-mail] Attorneys for Plaintiff COUPONS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION COUPONS, INC., Plaintiff, vs. JOHN STOTTLEMIRE, and DOES 1-10, Defendants. Case No. 5:07-cv-03457 DECLARATION OF DENNIS M. CUSACK IN SUPPORT OF STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE OPPOSITION AND REPLY TO OPPOSITION TO MOTION TO DISMISS Date: April 22, 2008 Time: 10:00 a.m. Courtroom.: 2, 5th Floor Judge: Hon. Howard R. Lloyd

I, Dennis M. Cusack, declare as follows: 1. I am a partner in the law firm of Farella Braun + Martel LLP, attorneys for

plaintiff Coupons, Inc. in this matter. 2. Complaint; 3. On February 26, 2008, Defendant Stottlemire filed a Motion to Dismiss For On December 27, 2007, Plaintiff Coupons, Inc. filed its Second Amended

Failure to State a Claim On Which Relief Can Be Granted; 4. Defendants' opposition to the motion to dismiss is due on April 1, 2008, and

Stottlemire's reply is due on April 8, 2008; the hearing on the motion to dismiss is set for April 22, 2008;

DECLARATION OF DENNIS M. CUSACK IN SUPPORT OF STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME 5:07-CV-03457 HRL

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Dockets.Justia.com

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

5.

After receiving Defendant's motion to dismiss, Plaintiff's counsel began preparing

its opposition to the motion to dismiss in preparation to file the opposition on April 1, 2008 in a timely fashion; 6. On March 25, 2008, the Samuelson Law, Technology & Public Policy Clinic filed

a "Notice of Motion and Motion of the Electronic Frontier Foundation for Leave to File Amicus Curiae Brief in Support of Defendant's Motion to Dismiss" and the accompanying brief ("Amicus brief"), which includes overlapping and additional points relevant to Defendant Stottlemire's motion to dismiss; 7. Due to the overlapping nature of the challenges made by Defendant Stottlemire

and by the Amicus brief, Plaintiff would like to address all of the challenges in one opposition brief; 8. In order to properly research and respond to the additional points raised in the

Amicus brief, Plaintiff needs several additional days to file its opposition; 9. I have spoken with Defendant Stottlemire and he has agreed to extend the time for

Plaintiff to file its opposition by three (3) days, and we have agreed that he will have the same number of additional days to reply to the opposition; 10. Parties have signed the accompanying stipulation agreeing that Plaintiff will file its

opposition to Defendant's motion to dismiss (including any response to points raised in the Amicus brief) by April 4, 2008, and Defendant Stottlemire will file his reply by April 11, 2008. The hearing will remain on April 22, 2008 as previously scheduled. 11. Plaintiff Coupons has not previously requested or received an extension to oppose

Defendant Stottlemire's motion to dismiss which he filed February 26, 2008;

DECLARATION OF DENNIS M. CUSACK IN SUPPORT OF STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME 5:07-CV-03457 HRL

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

12.

I have personal knowledge of the foregoing and if called upon to testify thereto

can and will competently do so. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed in San Francisco, California on March 28, 2008. /s/ Dennis M. Cusack Dennis M. Cusack

DECLARATION OF DENNIS M. CUSACK IN SUPPORT OF STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME 5:07-CV-03457 HRL

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