Girafa.Com,Inc. v. Alexa Internet, Inc. et al

Filing 72

STIPULATION AND ORDER 71 Re: Case Management Conference: Case Management Conference set for 2/13/2009 10:30 AM. Signed by Judge Ronald M. Whyte on 12/4/08. (jg, COURT STAFF) (Filed on 12/4/2008)

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

John B. Scherling (SBN 122234) [e-mail] Scott H. Davison (SBN 228807) [e-mail] m SUGHRUE MION, PLLC 501 West Broadway, Suite 1600 San Diego, California 92101-3595 Tel: [phone] Fax: [phone] William H. Mandir (pro hac vice) [e-mail] m John F. Rabena (pro hac vice) [e-mail] Carl J. Pellegrini (pro hac vice [e-mail] m Chandran B. Iyer (pro hac vice) [e-mail] m SUGHRUE MION, PLLC 2100 Pennsylvania Avenue, N.W. Washington, D.C. 20037 Tel: [phone] Fax: [phone] Attorneys for Plaintiff GIRAFA.COM, INC.

Elizabeth Day (SBN 177125) [e-mail] Aaron Wainscoat (SBN 218339) [e-mail] DLA PIPER US LLP 2000 University Avenue East Palo Alto, California 94303-2214 Tel: [phone] Fax: [phone] John R. Hurley (SBN 203641) jo [e-mail] DLA PIPER US LLP 153 Townsend Street, Suite 800 San Francisco, California 94107-1957 Tel: [phone] Fax: [phone] Thomas G. Pasternak (pro hac vice) [e-mail] R. David Donoghue (pro hac vice) [e-mail] DLA PIPER US LLP 203 North Lasalle Street, Suite 1400 Chicago, Illinois 60601-1293 Tel: [phone] Fax: [phone] Attorneys for Defendant ALEXA INTERNET, INC.; NIALL O'DRISCOLL,

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION GIRAFA.COM, INC., Plaint iff, v. ALEXA INTERNET, INC.; NIALL O'DRISCO LL, Defendants.

*E-FILED - 12/4/08*

Case No.: 08-2745 RMW (RS) STIPULATION AND [] ORDER RE CASE MANAGEMENT CONFERENCE

Stipulation and Order Re CMC 08-2745 RMW (RS)

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 (2)

In the October 6, 2008 Order Granting Defendants' Motion to Stay; Denying Defendants' Motion to Dismiss or Transfer; and Granting Motions to Dismiss and Strike Plaintiff's Third Claim, the Court set a case management conference for December 12, 2008 to address the status of Alexa Internet, Inc. v. Girafa.com, Inc., No. 2:08-cv-121, the related action in the United States District Court for the Eastern District of Texas in which Plaintiff's motion to transfer that action to this distr ict remains pending. Other than the Court granting Defendants' motions to dismiss and strike Plaintiff's third claim for relief and staying the present action pursuant the October 6, 2008 Order, no further developments pertinent to a case management conference have taken place since the parties filed their Joint Case Management Conference Statement and Rule 26(f) Report on September 5, 2008. Accordingly, through undersigned counsel, Plaintiff and Defendant hereby stipulate and request: (1) The case management conference currently scheduled for December 12, 2008 be taken off calendar; and reset for February 13, 2009 @ 10:30 a.m. The parties will advise this Court within ten court days of the filing of a decision on Plaint iff's motion to transfer Alexa Internet, Inc. v. Girafa.com, Inc., No. 2:08-cv-121 to this district, so a further case management conference can be scheduled as appropriate.

DATED: November 24, 2008

SUGHRUE MION, PLLC By: /s/ John B. Scherling John B. Scherling Attorneys for Plaintiff GIRAFA.COM, INC.

DATED: November 24, 2008

DLA PIPER US LLP By: /s/ Elizabeth Day (by consent) Elizabeth Day Attorneys for Defendant ALEXA INTERNET, INC.
-3-

xxxxx Stipulation and Proposed Order Re CMC 08-2745 RMW (RS)

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

ECF CERTIFICATION Pursuant to General Order No. 45, § X.B, the filing attorney attests that the content of this document is acceptable to all persons required to sign this document. ORDER This Stipulation and Order is hereby adopted by the Court. Accordingly: (1) The case management conference currently scheduled for December 12, 2008 is vacated; and (2) The parties shall advise this Court within ten court days of the filing of a decision on Plaint iff's motion to transfer Alexa Internet, Inc. v. Girafa.com, Inc., EDTX No. 2:08-cv-121 to this district, so a further case management conference can be scheduled as appropriate. PURSUANT TO STIPULATION, IT IS SO ORDERED.

The CMC is reset for February 13, 2009 @ 10:30 a.m. (rmw)
Dated: 12/4/08 Honorable Ronald M. Whyte UNITED STATES DISTRICT JUDGE

-3-

Stipulation and xxxxxxOrder Re CMC Proposed 08-2745 RMW (RS)