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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Attorneys for Plaintiff
FACEBOOK, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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I. NEEL CHATTERJEE (STATE BAR NO. 173985)
[e-mail]
MONTE M.F. COOPER (STATE BAR NO. 196746)
[e-mail]
THERESA A. SUTTON (STATE BAR NO. 211857)
[e-mail]
MORVARID METANAT (STATE BAR NO. 268228)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, California 94025
Telephone:
650-614-7400
Facsimile:
650-614-7401

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FACEBOOK, INC.,
Plaintiff,

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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,

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Defendants.
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STIPULATION TO EXTEND DEADLINES
CASE NO. 5:08-CV-05780 JW

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This stipulation and the accompanying Declaration of counsel is entered into by and

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between Plaintiff Facebook, Inc., on the one hand, and Defendants Power Ventures, Inc. and

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Steve Vachani (“Defendants”), on the other hand, through their respective counsel as follows:

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WHEREAS, on February 16, 2012, the Court entered summary judgment of liability on

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behalf of Facebook and against Defendants on Facebook’s claims for violations of the CAN-

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SPAM Act, the Computer Fraud and Abuse Act, and California Penal Code Section 502 (Dkt. No.

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275);

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WHEREAS as part of the summary judgment Order, this Court further ordered the parties

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to file simultaneously supplemental briefs by March 2, 2012 addressing the individual liability of

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Defendant Vachani and the amount of damages to be awarded to Facebook (Dkt. No. 275, at 19);

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WHEREAS, on March 7, 2012, Facebook deposed Power Ventures, but a final transcript

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is not yet available;

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WHEREAS, the parties agree that, to ensure that the briefing schedule adequately

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addresses the issues remaining in this case, including the testimony of Power Ventures and other

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outstanding discovery issues, the deadline for supplemental briefing should be extended by two

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weeks;

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NOW THEREFORE, subject to the approval of the Court, it is hereby stipulated and

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agreed that Facebook’s and Defendants’ deadline to file their supplemental briefs in response to

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this Court’s February 16, 2012 Order Granting Facebook’s Motions for Summary Judgment is

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extended until Friday, March 23, 2012.

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STIPULATION TO EXTEND DEADLINES
CASE NO. 5:08-CV-05780 JW

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Dated: March 8, 2012

ORRICK, HERRINGTON & SUTCLIFFE LLP

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By:

/s/ Monte M.F. Cooper /s/
MONTE M.F. COOPER
Attorneys for Plaintiff
FACEBOOK, INC.

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Dated: March 8, 2012

BURSOR & FISHER, P.A.

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By:

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/s/ L. Timothy Fisher /s/
L. TIMOTHY FISHER
Attorneys for Defendants
POWER VENTURES, INC.; STEVE
VACHANI; and POWER.COM

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Filer’s Attestation: Pursuant to General Order No. 45, §X(B), I attest under penalty of

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perjury that concurrence in the filing of the document has been obtained from its signatory.

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Dated: March 8, 2012

Respectfully submitted,

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/s/ Monte Cooper
MONTE F. COOPER

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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DATED: March 9, 2012
JAMES WARE
United States District Judge

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STIPULATION TO EXTEND DEADLINES
5:08-CV-05780 JW