Coupons, Inc. v. Stottlemire

Filing 61

ORDER re #57 Stipulation to extend dates. Hearing on Defendant's Motion to Dismiss CONTINUED to 5/6/2008 10:00 AM in Courtroom 2, 5th Floor, San Jose. Signed by Magistrate Judge Howard R. Lloyd on 3/31/08. (hrllc1, COURT STAFF) (Filed on 3/31/2008)

Coupons, Inc. v. Stottlemire

Doc. 61

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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

*E-filed 3/31/08*

COUPONS, INC., Plaintiff, vs. JOHN STOTTLEMIRE, and DOES 1-10, Defendants.

Case No. 5:07-CV-03457 HRL AMENDED STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE OPPOSITION AND REPLY TO MOTION TO DISMISS Date: April 22, 2008 [N.D. Local Rule 6-2]

Plaintiff Coupons, Inc. and Defendant John Stottlemire hereby file this Stipulation extending Plaintiff's time to file an opposition to Defendant's Motion to Dismiss, and extending Defendant's time to file the reply to Plaintiff's opposition. WHEREAS, on December 27, 2007, Plaintiff Coupons, Inc. filed its Second Amended Complaint; WHEREAS, on February 26, 2008, Defendant Stottlemire filed a Motion to Dismiss For Failure to State a Claim On Which Relief Can Be Granted; WHEREAS, Defendants' opposition to the motion to dismiss is due on April 1, 2008, and Stottlemire's reply is due on April 8, 2008; WHEREAS, the hearing on the motion to dismiss is set for April 22, 2008;
STIP AND [PROPOSED] ORDER TO EXTEND TIME TO FILE OPPOSITION AND REPLY TO OPPOSITION TO MOTION TO DISMISS 5:07-CV-03457 HRL 22675\1512102.1

Dockets.Justia.com

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

WHEREAS, 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 on March 25, 2008, which included overlapping and additional arguments relevant to the motion to dismiss; WHEREAS, Plaintiff would like to address and respond to all issues regarding its Second Amended Complaint and the motion to dismiss, raised by both Defendant Stottlemire and the Amicus brief, in one opposition; WHEREAS, the parties have agreed that Plaintiff's time to oppose the motion to dismiss should be extended to April 4, 2008, in order to allow Plaintiff sufficient time to research the additional points raised in the Amicus brief; WHEREAS, the parties have also agreed that Defendant Stottlemire will receive the same amount of additional days to reply to the opposition, which would extend the time to reply to April 11, 2008; WHEREAS, the parties agree that the hearing will take place on April 22, 2008, as previously scheduled. IT IS HEREBY STIPULATED by and between the parties hereto that Plaintiff will have to and including April 4, 2008, to serve and file its opposition to the motion to dismiss (including

STIP AND [PROPOSED] ORDER TO EXTEND TIME TO FILE OPPOSITION AND REPLY TO OPPOSITION TO MOTION TO DISMISS 5:07-CV-03457 HRL

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22675\1512102.1

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

any response to the proposed amicus brief), and Defendant will have to and including April 11, 2008 to reply to Plaintiff's opposition. Dated: March 28, 2008 FARELLA BRAUN & MARTEL LLP

By: /s/ Dennis M. Cusack Dennis M. Cusack Attorneys for Plaintiff COUPONS, INC. Dated: March 28, 2008

By: /s/ John Stottlemire John Stottlemire Defendant, pro se

ORDER Good cause appearing therefor, IT IS HEREBY ORDERED that Plaintiff Coupons, Inc. will have to and including April 4, 2008, to serve and file its opposition to Defendant's motion to dismiss (including any response to the proposed amicus brief), and Defendant will have to and including April 11, 2008 to reply to Plaintiff's opposition. IT IS FURTHER ORDERED that the hearing on Defendant's Motion to Dismiss IT IS SO ORDERED. be CONTINUED to May 6, 2008 @ 10:00 am (Courtroom 2, Fifth Floor of United States DATED: District Court in San Jose). The Honorable Howard R. Lloyd Judge of the United States District Court

Dated:

3/31/08

Howard R. Lloyd United States Magistrate Judge

STIP AND [PROPOSED] ORDER TO EXTEND TIME TO FILE OPPOSITION AND REPLY TO OPPOSITION TO MOTION TO DISMISS 5:07-CV-03457 HRL

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22675\1512102.1