Burnham v. Du

Filing 6

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES (approving docket no. 5 ). The Case Management Conference set for 10/10/08 is CONTINUED to 12/12/2008 at 10:30 AM. Signed by Judge Jeremy Fogel on 9/26/08. (jflc2, COURT STAFF) (Filed on 9/26/2008)

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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 ARENT FOX LLP A T T O R N E Y S AT L A W L O S ANGELES Robert C. O'Brien (SBN 154372) Email: o'brien.robert@arentfox.com David G. Bayles (SBN 208112) Email: bayles.david@arentfox.com ARENT FOX LLP 555 West Fifth Street, 48th Floor Los Angeles, CA 90013-1065 T e l e p h o n e : 213.629.7400 F a c s i m i l e : 213.629.7401 Attorneys for Plaintiff CHRISTOPHER B. BURNHAM **E-Filed 9/26/08** UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. 08 CV 2747 JF (PVT) STIPULATION AND --------------------[PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES Current Hearing Initial Case Management Conference Date: October 10, 2008 Time: 10:30 A.M. Courtroom 3 Proposed Hearing Date: December 12, 2008 Time: 10:30 A.M. Courtroom 3 CHRISTOPHER B. BURNHAM, a Citizen of the State of Maryland, Plaintiff, v. QIANG DU, a Citizen of the State of California, Defendant. STIPULATION AND [PROPOSED] ORDER RE: CMC 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 ARENT FOX LLP A T T O R N E Y S AT L A W L O S ANGELES STIPULATION WHEREAS defendant Qiang Du ("Du") is the current registrant of the domain name MYH.com ("MYH.com"), the principal subject of the abovereferenced action, and GoDaddy.com, Inc. ("GoDaddy") is the current registrar; WHEREAS shortly after the filing of the Complaint in the above-referenced action, plaintiff Christopher B. Burnham ("Burnham") and Du, by and through their counsel, commenced negotiations to resolve the action by the transfer of the registration of MYH.com from Du to Burnham; WHEREAS MYH.com is currently locked by GoDaddy from transfer pursuant to the filing of the Complaint in this action and GoDaddy refused to agree to the mechanism for the transfer of MYH.com proposed by Burnham and Du during their negotiations; WHEREAS GoDaddy has since proposed an alternative procedure to accomplish the transfer of MYH.com and Burnham and Du have reached an agreement as to the procedure for transfer of MYH.com on the terms proposed by GoDaddy, plus additional terms which are irrelevant to GoDaddy, and Burnham and Du are in the process of documenting their agreement; WHEREAS Burnha m and Du have agreed, among other things, that GoDaddy will transfer MYH.com to Burnham and then lock MYH.com fro m further transfer, after which Burnham will request dismissal of the above-referenced action; and, WHEREAS Burnha m has not filed the proof of service of the Complaint on Du because of the prompt and effective settlement negotiations. /// /// STIPULATION AND [PROPOSED] ORDER RE: CMC -2- 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 ARENT FOX LLP A T T O R N E Y S AT L A W L O S ANGELES NOW THEREFORE, Burnham and Du request that the Court find there is GOOD CAUSE to allow the case to proceed for sixty additional days without the filing of the proof of service of the Complaint and to continue all of the deadlines set forth in the "Order Setting Initial Case management Conference and ADR Deadlines" for sixty additional days, including continuing the Case Management Conference for sixty days to December 12, 2008, or a date thereafter that is convenient for the Court, to allow time for the parties to finish documenting the settlement and for GoDaddy to transfer MYH.com to Burnham. Concurrence in the filing hereof has been obtained from Mr. McGreevy per General Order 45. DATED: September 24, 2008 Stipulated and Agreed to: ARENT FOX LLP B y: /S/ . David G. Bayles Attorneys for Plaintiff Christopher Burnham DATED: September 24, 2008 Stipulated and Agreed to: MCGREEVY & HENLE, LLP B y: /S/ . Peter R. McGreevy, Esq. Attorneys for Defendant Qiang Du [PROPOSED] ORDER Based upon the foregoing stipulation, the Court hereby finds there is GOOD CAUSE to allow the case to continue an additional sixty days without the filing of the proof of service of the Complaint and continues all deadlines set forth in the Order Setting Initial Case Management Conference and ADR Deadlines for sixty days, including the Case Management Conference which is hereby reset for 12/12/08 ________________________. IT IS SO ORDERED. 9/26/08 Dated: _________________________ ____________________________ United States District Court Judge -3STIPULATION AND [PROPOSED] ORDER RE: CMC 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 ARENT FOX LLP A T T O R N E Y S AT L A W L O S ANGELES Burnham v. Du U.S. District Court, Northern District of California Case No. 08 CV 2747 JF (PVT) PROOF OF SERVICE I am a citizen of the United States. My business address is Arent Fox LLP, 555 West 5th Street, Los Angeles, CA 90013. I am employed in the County of Los Angeles where this service occurs. I am over the age of 18 years, and not a party to the within cause. On the date set forth below, according to ordinary business practice, I served the foregoing document(s) described as: Stipulation and [Proposed] Order to Continue Case Management Conference and Related Deadlines (BY FAX) I transmitted via facsimile, from facsimile number (213) 629-7401, the document(s) to the person(s) on the attached service list at the fax number(s) set forth therein, on this date before 5:00 p.m. A statement that this document was successfully transmitted without error is attached to this Proof of Service. (BY MAIL) I am readily familiar with my employer's business practice for collection and processing of correspondence for mailing with the U.S. Postal Service, and that practice is that correspondence is deposited with the U.S. Postal Service the same day as the day of collection in the ordinary course of business. On this date, I placed the document(s) in envelopes addressed to the person(s) on the attached service list and sealed and placed the envelopes for collection and mailing following ordinary business practices. (BY E-MAIL) by personally transmitting the foregoing document(s) via electronic e-mail to the e-mail addresses of all parties. (BY PERSONAL SERVICE) On this date, I caused to be delivered by hand envelope(s) containing the document(s) to the persons(s) on the attached service list. (BY OVERNIGHT DELIVERY) On this date, I placed the documents in envelope(s) addressed to the person(s) on the within service list, and caused those envelopes to be delivered to an overnight delivery carrier, with delivery fees provided for, for nextbusiness-day delivery to whom it is to be served. Peter R. McGreevy, Esq. McGreevy & Henle, LLP 131 Union Avenue Riverhead, NY 11901 (Federal) I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed on September 25, 2008 at Los Angeles, California. ___/s/______________________ Barbara Anderson -4- STIPULATION AND [PROPOSED] ORDER RE: CMC

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