Rocky Mountain Bank -v- Google, Inc.

Filing 28

Joint MOTION to Vacate Hearing on 15 Motion for TRO and Motion For Preliminary Injunction related document 23 Order filed by Google, Inc.. (Sauro, Troy) (Filed on 9/25/2009) Modified on 9/25/2009 (cv, COURT STAFF).

Rocky Mountain Bank -v- Google, Inc.

Doc. 28

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Troy P. Sauro, (SBN 224097) [e-mail] Albert Gidari (pro hac vice pending) [e-mail] PERKINS COIE LLP Four Embarcadero Center, Suite 2400 San Francisco, CA 94111-4131 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant GOOGLE INC. GRACE Y. HOROUPIAN (SBN 180337) KUTAK ROCK LLP Suite 1100 18201 Von Karman Avenue Irvine, CA 92612-1077 Telephone: [phone] Facsimile: [phone] Email: [e-mail] NEIL L. ARNEY (SBN 125682) KUTAK ROCK LLP Suite 3100 1801 California Avenue Denver, CO 80202 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff ROCKY MOUNTAIN BANK, a Wyoming corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ROCKY MOUNTAIN BANK, a Wyoming corporation, Plaintiff, v. GOOGLE INC., a Delaware corporation, Defendant. Case No. 5:09-CV-04385 JW STIPULATED MOTION TO VACATE HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND TO VACATE TEMPORARY RESTRAINING ORDER

STIPULATED MOTION TO VACATE HEARING ON PLAINTIFF'S MOTION FOR PRELMINARY INJUNCTION AND TO VACATE TEMPORARY RESTRAINING ORDER CASE NO. 5:09-CV-04385 JW
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Dockets.Justia.com

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Plaintiff Rocky Mountain Bank (the "Bank"), by and through its undersigned counsel, and Defendant Google Inc. ("Google"), by and through its undersigned counsel, hereby submit the following Stipulated Motion to Vacate Hearing on Preliminary Injunction (the "Hearing") and Temporary Restraining Order and in support thereof, hereby stipulate and agree as follows: (1) On September 24, 2009, Google lodged a Report with the Court in

response to, and in compliance with, the Court's September 23, 2009 Order Granting Temporary Restraining Order (the "TRO").

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(2)

In light of the Report the parties are in agreement that the relief

requested in connection with the Bank's motion for preliminary injunction is now moot and the Hearing may be vacated. In light of Google's compliance with the TRO, the parties also agree that the TRO should be vacated, allowing the Gmail Account to be reactivated to allow the user access to the account. WHEREFORE, the parties request that the Court vacate the Hearing currently scheduled for September 28, 2009 at 9:00 a.m. and vacate the TRO. Should the Court not enter the Order Granting Stipulated Motion To Vacate Hearing On Plaintiff's Motion For Preliminary Injunction And To Vacate Temporary Restraining Order, the parties stipulate and hereby request that the Court continue the September 28, 2009 hearing on Plaintiff's Motion For Preliminary Injunction to October 1, 2009, or such later date that is convenient for ///
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the Court, and permit the parties to fully brief the matter. Respectfully submitted this 25th day of September, 2009. PERKINS COIE LLP KUTAK ROCK LLP

By: /s/ Troy P. Sauro Troy P. Sauro ATTORNEYS FOR DEFENDANT GOOGLE INC.

By: /s/ Grace Y. Horoupian Grace Y. Horoupian ATTORNEYS FOR PLAINTIFF ROCKY MOUNTAIN BANK

-2STIPULATED MOTION TO VACATE HEARING ON PLAINTIFF'S MOTION FOR PRELMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER CASE NO. 5:09-CV-04385 JW_______
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