Facebook, Inc. v. Power Ventures, Inc.

Filing 285

STIPULATION AND ORDER re 284 STIPULATION WITH PROPOSED ORDER FOR ORDER ENLARGING TIME filed by Facebook, Inc.. Signed by Judge James Ware on 3/9/12. (sis, COURT STAFF) (Filed on 3/9/2012)

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8 Attorneys for Plaintiff FACEBOOK, INC. es Ware NO 9 VED APPRO R NIA 7 RT U O 6 S DISTRICT TE C TA m Judge Ja UNITED STATES DISTRICT COURT 11 ER NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION RT 10 H N FO 5 LI 4 A 3 S 2 I. NEEL CHATTERJEE (STATE BAR NO. 173985) nchatterjee@orrick.com MONTE M.F. COOPER (STATE BAR NO. 196746) mcooper@orrick.com THERESA A. SUTTON (STATE BAR NO. 211857) tsutton@orrick.com MORVARID METANAT (STATE BAR NO. 268228) mmetanat@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, California 94025 Telephone: 650-614-7400 Facsimile: 650-614-7401 UNIT ED 1 F D IS T IC T O R C 13 14 FACEBOOK, INC., Plaintiff, 15 16 17 18 v. Case No. 5:08-cv-05780 JW STIPULATION AND [PROPOSED] ORDER, PURSUANT TO CIVIL LOCAL RULE 6-2, FOR ORDER CHANGING TIME POWER VENTURES, INC., a Cayman Island corporation; STEVE VACHANI, an individual; DOE 1, d/b/a POWER.COM, DOES 2-25, inclusive, 19 Defendants. 20 21 22 23 24 25 26 27 28 STIPULATION TO EXTEND DEADLINES CASE NO. 5:08-CV-05780 JW 1 This stipulation and the accompanying Declaration of counsel is entered into by and 2 between Plaintiff Facebook, Inc., on the one hand, and Defendants Power Ventures, Inc. and 3 Steve Vachani (“Defendants”), on the other hand, through their respective counsel as follows: 4 WHEREAS, on February 16, 2012, the Court entered summary judgment of liability on 5 behalf of Facebook and against Defendants on Facebook’s claims for violations of the CAN- 6 SPAM Act, the Computer Fraud and Abuse Act, and California Penal Code Section 502 (Dkt. No. 7 275); 8 WHEREAS as part of the summary judgment Order, this Court further ordered the parties 9 to file simultaneously supplemental briefs by March 2, 2012 addressing the individual liability of 10 Defendant Vachani and the amount of damages to be awarded to Facebook (Dkt. No. 275, at 19); 11 WHEREAS, on March 7, 2012, Facebook deposed Power Ventures, but a final transcript 12 is not yet available; 13 WHEREAS, the parties agree that, to ensure that the briefing schedule adequately 14 addresses the issues remaining in this case, including the testimony of Power Ventures and other 15 outstanding discovery issues, the deadline for supplemental briefing should be extended by two 16 weeks; 17 NOW THEREFORE, subject to the approval of the Court, it is hereby stipulated and 18 agreed that Facebook’s and Defendants’ deadline to file their supplemental briefs in response to 19 this Court’s February 16, 2012 Order Granting Facebook’s Motions for Summary Judgment is 20 extended until Friday, March 23, 2012. 21 /// 22 /// 23 24 25 26 27 28 -1- STIPULATION TO EXTEND DEADLINES CASE NO. 5:08-CV-05780 JW 1 Dated: March 8, 2012 ORRICK, HERRINGTON & SUTCLIFFE LLP 2 By: /s/ Monte M.F. Cooper /s/ MONTE M.F. COOPER Attorneys for Plaintiff FACEBOOK, INC. 3 4 5 6 Dated: March 8, 2012 BURSOR & FISHER, P.A. 7 By: 8 9 10 /s/ L. Timothy Fisher /s/ L. TIMOTHY FISHER Attorneys for Defendants POWER VENTURES, INC.; STEVE VACHANI; and POWER.COM 11 12 13 Filer’s Attestation: Pursuant to General Order No. 45, §X(B), I attest under penalty of 14 perjury that concurrence in the filing of the document has been obtained from its signatory. 15 Dated: March 8, 2012 Respectfully submitted, 16 /s/ Monte Cooper MONTE F. COOPER 17 18 19 PURSUANT TO STIPULATION, IT IS SO ORDERED: 20 21 22 DATED: March 9, 2012 JAMES WARE United States District Judge 23 24 25 26 27 28 -2- STIPULATION TO EXTEND DEADLINES 5:08-CV-05780 JW

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