Facebook, Inc. v. Studivz, Ltd et al

Filing 122

MOTION to Stay Facebook's L.R. 6-3 Motion to Stay Hearing filed by Facebook, Inc.. Motion Hearing set for 4/10/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Proposed Order)(Avalos, Julio) (Filed on 3/20/2009)

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I. NEEL CHATTERJEE (STATE BAR NO. 173985) [e-mail] JULIO C. AVALOS (STATE BAR NO. 255350) javalo [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: [phone] THOMAS J. GRAY (STATE BAR NO. 191411) [e-mail] m ORRICK, HERRINGTON & SUTCLIFFE LLP 4 Park Plaza Suite 1600 Irvine, CA 92614-2558 Telephone: [phone] Facsimile: 949-567 6710 Attorneys for Plaintiff FACEBOOK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

FACEBOOK, INC., Plaint iff, v. STUDIVZ LTD., HOTLZBRINCK NETWORKS GmBH, HOLTZBRINCK VENTURES GmBH, and DOES 1-25, Defendants.

Case No. 5:08-cv-03468 JF [PROPOSED] ORDER GRANTING FACEBOOK INC'S L.R. 6-3 MOTION TO STAY HEARING Date: Time: Room: April 10, 2009 9:00 A.M. 3, 5th Floor

Judge: Honorable Jeremy Fogel

[ P R O P O S E D ] ORDER G R A N T I N G C O N T I N U A N C E CASE NO.: 5:08-CV-03468

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The Court, having considered Facebook, Inc.'s ("Facebook") L.R. 6-3 Motion to Stay Hearing, the Declaration of Julio C. Avalos submitted in support thereof, as well as the records on file in this action, hereby orders as follows: IT IS HEREBY ORDERED that the April 10, 2009 hearing on Defendants' Motions to Dismiss For Lack of Personal Jurisdiction and Forum non conveniens is hereby taken off-calendar until such time as the underlying discovery dispute currently pending before Magistrate Judge Lloyd is resolved. The parties will be responsible for notifying the Court forthwith fo llowing such resolution. In the alternate: IT IS HEREBY ORDERED that the April 10, 2009 hearing on Defendants' Motions to Dismiss For Lack of Personal Jurisdiction and Forum non conveniens is hereby continued for 90 days. Facebook shall have the opportunity to file a Supplemental Opposition with respect to whether this Court is the proper venue or has personal jurisdiction over Defendants prior to the scheduled hearing. IT IS FURTHER ORDERED that Facebook shall have the opportunity to file a Supplemental Opposit ion with respect to both the personal jurisdiction and forum non conveniens issues prior to the scheduled hearing. IT IS SO ORDERED. Honorable Jeremy Fogel United States District Judge

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[ P R O P O S E D ] ORDER G R A N T I N G C O N T I N U A N C E CASE NO.: 5:08-CV-03468