Facebook, Inc. v. Power Ventures, Inc.

Filing 60

STIPULATION AND ORDER TO EXTEND TIME AND BRIEFING SCHEDULE PURSUANT TO CIVIL L.R. 6-2 (approving 55 ). The Case Management Conference set for 1/29/2010 is CONTINUED to 2/26/2010 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 1/6/2010. (jflc2, COURT STAFF) (Filed on 1/6/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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] Attorneys for Plaintiff FACEBOOK, INC.

**E-Filed 1/6/2010**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

FACEBOOK, INC., Plaint iff, v. POWER VENTURES, INC. a Cayman Island Corporation; STEVE VACHANI, an individual; DOE 1, d/b/a POWER.COM, DOES 2-25, inclusive, Defendants.

Case No. 5:08-cv-05780 JF (RS) Assigned To: Hon. Judge Jeremy Fogel ----------------STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME AND ------------------ BRIEFING SCHEDULE [PROPOSED] PURSUANT TO CIVIL L.R. 6-2

OHS West:260796410.1

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND CASE NO.: CV05780

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

This stipulation is entered into by and between Plaintiff/Counter-Defendant Facebook, Inc. ("Facebook") and Defendant/Counter-Plaintiffs Power Ventures, Inc. and Steven Vachani ("Power") through their respective counsel as follows: WHEREAS, on November 23, 2009, Power filed an Amended Answer and CounterComplaint Against Facebook ("Amended Answer"); WHEREAS, Facebook intends to file a Motion to Dismiss the Amended Answer as well as a Motion to Strike the Affirmative Defenses Contained Therein; WHEREAS, the parties have met and conferred regarding their respective intentions to move for summary judgment on the present record before the Court; WHEREAS, the parties have negotiated a briefing schedule that they believe is in the interests of judicial efficiency and justice and no prior time modifications have been obtained; WHEREAS, this stipulated briefing schedule would not have any adverse effect on the schedule for this case, and would, in fact, likely serve to expedite its resolution; NOW THEREFORE, subject to the approval of the Court, the parties hereby stipulate to the following briefing schedule: (1) 2009; (2) Facebook's deadline to respond to Power's Amended Counter-Complaint is hereby Facebook shall file its Motion for Summary Judgment on or before December 23,

extended from December 17, 2009 to December 30, 2009; Facebook shall file its Motion to Dismiss Power's Amended Counter-Complaint as well as its Motion to Strike Power's Affirmative Defenses on or before that date; (3) Power shall file its Opposition to Facebook's Motion to Dismiss as well as

Power's own Motion for Summary Judgment on or before January 15, 2009; (4) Facebook shall file its Reply Brief In Support of Its Motion to Dismiss Power's

Amended Answer as well as its Opposition to Power's Motion for Summary Judgment on or before January 29, 2009; (5) Power shall file its Reply Brief In Support of Its Motion for Summary Judgment

on or before February 12, 2009;
OHS West:260796410.1

-1-

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND CASE NO.: CV05780

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

(6)

The Court shall hear argument on the respective motions for summary adjudication

as well as Facebook's Motion to Dismiss Power's Amended Counter-Complaint and Strike Power's Affirmative Defenses on February 26, 2009, or as soon thereafter as is practicable. (7) The Case Management Conference scheduled for January 29, 2009 is continued to

February 26, 2009.

Dated: December 17, 2009

ORRICK, HERRINGTON & SUTCLIFFE LLP

/s/ Neel Chatterjee NEEL CHATTERJEE Attorneys for Plaintiff FACEBOOK, INC. Dated: December 17, 2009 LAW OFFICES OF SCOTT A. BURSOR

/s/ Scott A. Bursor SCOTT A. BURSOR Attorneys for Defendants POWER VENTURES, INC. & STEVEN VACHANI

Filer's Attestation: Pursuant to General Order No. 45, §X(B), I attest under penalty of perjury that concurrence in the filing of the document has been obtained from its signatory.

Dated: December 17, 2009

Respect fully submitted, /s/ Neel Chatterjee NEEL CHATTERJEE

OHS West:260796410.1

-2-

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND CASE NO.: CV05780

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
OHS West:260796410.1

-[PRO-----S------ORDER ------- PO - ED] Pursuant to the parties' stipulation, the following briefing schedule is adopted: (1) Facebook, Inc. ("Facebook") shall file its Motion for Summary Judgment on or

before December 23, 2009; (2) Facebook's deadline to respond to Power's Amended Counter-Complaint is hereby

extended from December 17, 2009 to December 30, 2009; Facebook shall file its Motion to Dismiss Power's Amended Counter-Complaint as well as its Motion to Strike Power's Affirmative Defenses on or before that date; (3) Power shall file its Opposition to Facebook's Motion to Dismiss as well as its

Motion for Summary Judgment on or before January 15, 2009; (4) Facebook shall file its Reply Brief In Support of Its Motion to Dismiss Power's

Amended Answer as well as its Opposition to Power's Motion for Summary Judgment on or before January 29, 2009; (5) Power shall file its Reply Brief In Support of Its Motion for Summary Judgment

on or before February 12, 2009; (6) The Court shall hear argument on the respective motions for summary adjudication

as well as Facebook's Motion to Dismiss Power's Amended Counter-Complaint on February 26, 2009. ( 7) The Case Management Conference scheduled for January 29, 2009 is continued to

February 26, 2009.

IT IS SO ORDERED. 1/6/2010 DATED: December------------------------ ___, 2009 Hon. Jeremy Fogel UNITED STATES DISTRICT COURT JUDGE

-3-

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND CASE NO.: CV05780

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
OHS West:260796410.1

CERTIFICATE OF SERVICE I hereby certify that this document(s) filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non registered participants on December 17, 2009.

Dated: December 17, 2009

Respect fully submitted, /s/ Neel Chatterjee Neel Chatterjee

-1-

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND CASE NO.: CV05780