Facebook, Inc. v. Studivz, Ltd et al

Filing 179

ORDER GRANTING 170 MOTION TO ENLARGE TIME. Signed by Judge Jeremy Fogel on 6/15/09. (jflc3, COURT STAFF) (Filed on 6/15/2009)

Facebook, Inc. v. Studivz, Ltd et al

Doc. 179

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**E-Filed 6/15/09**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Case Number C 08-3468 JF (HRL) FACEBOOK, INC., Plaintiff, v. RE: Docket No. 170 STUDIVZ LTD; VERLAGSGRUPPE GEORG VON HOLTZBRINCK GmBH; HOLTZBRINCK NETWORKS GmBH; and HOLTZBRINCK VENTURES GmBH Defendants. ORDER1 GRANTING MOTION TO ENLARGE TIME

Facebook moves for a continuance of the July 10, 2009 hearing on Defendants' motions to dismiss. Defendants oppose the motion on the grounds that Facebook is not entitled to further jurisdictional discovery, and that a continuance would cause prejudicial delay. The Court has read and carefully considered the parties' arguments and supporting documents in connection with the instant motion, and is sympathetic to Defendant's frustration with

This disposition is not designated for publication in the official reports.

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Facebook's piecemeal approach to discovery. At the same time, however, the Court recognizes that Defendants have not always upheld their end of the various bargains that have been struck during the contentious discovery proceedings in this case. More importantly, the Court's May 4, 2009 decision to defer ruling on Defendants' forum non conveniens arguments was intended to give Facebook an opportunity to have all pending discovery disputes resolved before Magistrate Judge Lloyd. While Defendants no doubt have a legitimate interest in having this case resolved, the Court already has made one attempt to conserve the parties' resources by undertaking an early review of forum non conveniens. The Court ultimately determined that concurrent consideration of personal jurisdiction and forum non conveniens was the more prudent course. In view of that determination, the Court finds it appropriate to allow Judge Lloyd to decide all pending discovery motions. Accordingly, the hearing on Defendant's motions will be continued. The hearing will be held approximately sixty days from the date that Defendants substantially comply with Judge Lloyd's discovery rulings. Facebook's supplemental opposition and Defendants' supplemental replies will be due on an ordinary briefing schedule calculated from the rescheduled hearing date. IT IS SO ORDERED. DATED: 6/15/09

JEREMY FOGEL United States District Judge

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This Order has been served upon the following persons: Annette L. Hurst Gary Evan Weiss [e-mail] [e-mail], [e-mail]

I. Neel Chatterjee [e-mail], [e-mail], [e-mail], [e-mail], [e-mail] Julio Cesar Avalos [e-mail], [e-mail], [e-mail] [e-mail]

Stephen Shannon Smith , Esq Thomas J. Gray

[e-mail] [e-mail] [e-mail]

Warrington S. Parker , III William Mielke Walker

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