Google Inc. et al v. Egger et al

Filing 120

STIPULATION AND ORDER 119 for Continuance of Hearing and Briefing Schedule on Defendants' Motion to Dismiss, Transfer, or Stay and Plaintiff's Motion to Strike Site Technologies, Inc., Motion to Dismiss, Transfer, or Stay. Motion Hearing is set for 8/21/2009 9:00 AM. Signed by Judge Ronald M. Whyte on 7/8/09. (jg, COURT STAFF) (Filed on 7/8/2009)

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[SEE SIGNATURE PAGE FOR COUNSEL]

*E-FILED - 7/8/09*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

GOOGLE INC., AOL LLC, YAHOO! INC., IAC SEARCH & MEDIA, INC., and LYCOS, INC., Plaintiffs, v. L. DANIEL EGGER, SOFTWARE RIGHTS ARCHIVE, LLC, and SITE TECHNOLOGIES, INC., Defendants.

Case No.

C-08-03172-RMW

STIPULATION AND [] ORDER FOR CONTINUANCE OF HEARING AND BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS, TRANSFER, OR STAY AND PLAINTIFFS' MOTION TO STRIKE SITE TECHNOLOGIES, INC.'S MOTION TO DISMISS, TRANSFER, OR STAY

Date: August 21, 2009 Time: 9:00 AM Courtroom: 6, 4th Floor Judge: Honorable Ronald M. Whyte

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WHEREAS Defendants' Motion to Dismiss, Transfer or Stay Under the First-To-File Rule, Under Rule 12(b)(2) For Lack of Personal Jurisdiction, and Under Rule 12(b)(1) For Lack of Subject Matter Jurisdiction (Dkt. No. 42) (hereinafter "Defendants' Motion t Dismiss, o Transfer or Stay") and Plaintiffs' Motion to Strike Site Technologies, Inc.'s Motionto Dismiss, Transfer, or Stay (Dkt. No. 64) are currently set to be heard on July 31, 2009 at 9:00 a.m.; WHEREAS the parties wish to continue the hearing on both of these motions until August 21, 2009 at 9:00 a.m. and to continue the deadlines for their opposition papers until July 24, 2009 and the deadlines for their reply papers to August 7, 2009 in order to complete certain discovery in connection with these motions; WHEREAS Plaintiffs believe that eight additional pages are necessary for them to fully brief the many issues presented by Defendants' Motion to Dismiss, Transfer or Stay, and Defendants do not object to the additional page allowance. The parties also agree that Defendants should receive a reciprocal allowance of eight additional pages for their reply brief in support of their Motion to Dismiss, Transfer, or Stay, if needed;1 WHEREAS allowing the parties to submit the additional pages will not unduly burden the parties or the Court; THEREFORE THE PARTIES HEREBY STIPULATE, subject to the Court's order, that Plaintiffs' Opposition to Defendants' Motion to Dismiss, Transfer, or Stay, and Defendants' Opposition to Plaintiffs' Motion to Strike will be heard on August 21, 2009. The Parties' opposition papers relating to these motions will be due July 24, 2009. Both parties' reply papers in support of their respective motions will be due August 7, 2009. Plaintiffs may file a brief in opposition to Defendants' Motion to Dismiss, Transfer or Stay that contains eight additional pages of text in excess of the page limit set forth in Civil Local Rule 7-4. Defendants may likewise file a reply brief in Support of Defendants' Motion to On April 30, 2009, the parties filed a stipulation and proposed order (Dkt. No. 109) requesting leave for Plaintiffs to submit eight additional pages of briefing for Plaintiffs' Opposition to Defendants' Motion to Dismiss, Transfer or Stay and eight additional p ages of briefing for Defendants' Reply brief in support. The order has not yet been entered, however.
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Dismiss, Transfer or Stay containing eight additional pages of text in excess of the page limit set forth in Civil Local Rule 7-4.

Dated: July 7, 2009

Respectfully submitted, By: /s/ Thomas B. Walsh, IV Thomas B. Walsh, IV (admitted pro hac vice) FISH & RICHARDSON P.C. 5000 Bank One Center 1717 Main Street Dallas, TX 75201 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Juanita R. Brooks (SBN 75934, [e-mail]) Jason W. Wolff (SBN 215819, [e-mail]) FISH & RICHARDSON P.C. 12390 El Camino Real San Diego, CA 92130 Telephone: [phone] Facsimile: [phone] Jerry T. Yen (SBN 247988, [e-mail]) FISH & RICHARDSON P.C. 500 Arguello Street, Suite 500 Redwood City, CA 94063 Telephone: [phone] Facsimile: [phone] Attorneys for GOOGLE INC. and AOL LLC By: /s/ Richard. S.J. Hung Michael A. Jacobs (CA Bar No. 111664) Richard S.J. Hung (CA Bar No. 197425) MORRISON & FOERSTER 425 Market Street San Francisco, CA 94105 Telephone: [phone] Facsimile: 415-268-7522 Email: [e-mail] Attorneys for YAHOO! INC. By: /s/ Jennifer A. Kash Claude M. Stern (CA Bar No. 96737)

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Jennifer A. Kash (CA Bar No. 203679) QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP 555 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email:[e-mail] Attorneys for IAC SEARCH & MEDIA, INC. and LYCOS, INC.

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By: /s/ Thomas F. Smegal, Jr. Thomas F. Smegal, Jr. ([e-mail]) Law Offices of Thomas F. Smegal, Jr. One Sansome Street, 35th floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Lee Landa Kaplan ([e-mail]) (pro hac vice) Smyser Kaplan & Veselka, L.L.P. 700 Louisiana St., Suite 2300, Houston, TX 77002 Telephone: [phone] Facsimile: [phone] Jay D. Ellwanger ([e-mail]) Dinovo Price Ellwanger LLP P.O. Box 201690 Austin, Texas 78720 Telephone: [phone] Facsimile: [phone] Attorneys for L. DANIEL EGGER, SOFTWARE RIGHTS ARCHIVE, LLC, and SITE TECHNOLOGIES, INC.

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1 2 3 Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of 4 perjury that concurrence in the filing of this document has been obtained from the above-listed 5 counsel. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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DECLARATION OF CONSENT

Dated: July 7, 2009 ____/s/ Richard S. J. Hung_______ Richard S. J. Hung

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ORDER PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that Plaintiffs' Opposition

3 to Defendants' Motion to Dismiss, Transfer, or Stay (Dkt. No 42), and Defendants' Opposition to 4 Plaintiffs' Motion to Strike (Dkt. No. 64) will be heard on August 21, 2009 at 9:00 a.m. The 5 parties' opposition papers relating to these motions will be due July 24, 2009. Both parties' reply 6 papers in support of their respective motions will be due August 7, 2009. 7 Additionally, Plaintiffs' Opposition to Defendants' Motion to Dismiss, Transfer, or Stay 8 may contain eight additional pages of text in excess of the page limit set forth in Civil Local Rule 9 7-4. Likewise, Defendants' Reply in Support of their Motion to Dismiss, Transfer or Stay may 10 contain eight additional pages of text in excess of the page limit set forth in Civil Local Rule 7-4. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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7/8/09 Dated: ______________, 2009
____________________________________ Hon. Ronald M. Whyte United States District Judge

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