Facebook, Inc. v. Power Ventures, Inc.

Filing 287

STIPULATION AND ORDER re 286 STIPULATION WITH PROPOSED ORDER FOR ORDER ENLARGING TIME filed by Facebook, Inc.. Signed by Judge James Ware on 3/23/12. (sis, COURT STAFF) (Filed on 3/23/2012)

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Case5:08-cv-05780-JW Document286 Filed03/22/12 Page1 of 3 5 6 Attorneys for Plaintiff FACEBOOK, INC. UNIT ED 8 9 re NORTHERN DISTRICT OF CALIFORNIA mes Wa Judge Ja SAN FRANCISCO DIVISION NO 11 RT 12 H ER 13 FACEBOOK, INC., Plaintiff, 15 16 17 18 DERED O OR IT IS S UNITED STATES DISTRICT COURT 10 14 S DISTRICT TE C TA RT U O S 7 R NIA 4 FO 3 v. POWER VENTURES, INC., a Cayman Island corporation; STEVE VACHANI, an individual; DOE 1, d/b/a POWER.COM, DOES 2-25, inclusive, LI 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 A 1 N OF D IS T R Case No. 5:08-cv-05780 JWI C T C STIPULATION AND [PROPOSED] ORDER, PURSUANT TO CIVIL LOCAL RULE 6-2, FOR ORDER CHANGING TIME 19 Defendants. 20 21 22 23 24 25 26 27 28 STIPULATION TO EXTEND DEADLINES CASE NO. 5:08-CV-05780 JW Case5:08-cv-05780-JW Document286 Filed03/22/12 Page2 of 3 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: WHEREAS, on February 16, 2012, the Court entered summary judgment of liability on 4 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, the parties agree that, to ensure that the briefing schedule adequately 12 addresses the issues remaining in this case, including the testimony of Power Ventures and other 13 outstanding discovery issues, the deadline for supplemental briefing should be extended by one 14 week; NOW THEREFORE, subject to the approval of the Court, it is hereby stipulated and 15 16 agreed that Facebook’s and Defendants’ deadline to file their supplemental briefs in response to 17 this Court’s February 16, 2012 Order Granting Facebook’s Motions for Summary Judgment is 18 extended until Friday, March 30, 2012. 19 /// 20 /// 21 22 23 24 25 26 27 28 -1- STIPULATION TO EXTEND DEADLINES CASE NO. 5:08-CV-05780 JW Case5:08-cv-05780-JW Document286 Filed03/22/12 Page3 of 3 1 Dated: March 22, 2012 ORRICK, HERRINGTON & SUTCLIFFE LLP 2 /s/ Monte M.F. Cooper /s/ MONTE M.F. COOPER Attorneys for Plaintiff FACEBOOK, INC. By: 3 4 5 6 Dated: March 22, 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 22, 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 23, 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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