Spring Design, Inc. v. Barnesandnoble.com, LLC

Filing 119

STIPULATION AND ORDER AS MODIFIED BY THE COURT Granting Request to Exceed Page Limit on Defendant Barnesandnoble.com LLCs Motion for Summary Judgment and Plaintiff Spring Design, Inc.s Opposition to Summary Judgment re 118 Stipulation. Page limit for each is 30 pages. Signed by Judge James Ware on 10/14/2010. (ecg, COURT STAFF) (Filed on 10/14/2010)

Spring Design, Inc. v. Barnesandnoble.com, LLC

Doc. 119

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02706.51620/3716765.1

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C F D IS T IC T O R 10/14/2010

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Spring Design, Inc., Plaintiff, vs. Barnesandnoble.com LLC, Defendant. CASE NO. 5:09-cv-05185-JW STIPULATION AND [PROPOSED] ORDER TO EXCEED PAGE LIMIT ON DEFENDANT BARNESANDNOBLE.COM LLC'S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF SPRING DESIGN, INC.'S OPPOSITION TO SUMMARY JUDGMENT Trial Date: None set

Case No. 5:09-cv-05185-JW STIPULATION TO EXCEED PAGE LIMITS
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STIPULATION WHEREAS, pursuant to the May 4, 2010 Scheduling Order (Dkt. No. 113), as modified

3 by the revised schedule approved by Special Master Thomas Denver on September 9, 2010, the 4 deadline to file motions for summary judgment is Monday, October 18, 2010, and the deadline to 5 file any oppositions is Monday October 25, 2010; 6 WHEREAS, defendant Barnesandnoble.com LLC ("BN") intends to file a motion for

7 summary judgment; 8 WHEREAS, plaintiff Spring Design, Inc. ("Spring") intends to oppose BN's motion for

9 summary judgment; 10 WHEREAS, Civil Local Rule 7-4(b) sets forth a limit of twenty-five (25) pages for the

11 parties' memoranda of points and authorities in support of and in opposition to BN's motion for 12 summary judgment; 13 WHEREAS, BN contends that it requires an oversized brief of forty (40) pages total to

14 demonstrate that there is no material issue of fact and BN is entitled to judgment as a matter of 15 law on Spring's claims for trade secret misappropriation, breach of the non-disclosure agreement 16 and unfair competition under California Business & Professions Code Section 17200; 17 WHEREAS, Spring contends that it requires an equal opportunity to counter BN's

18 motion and present argument to the contrary; 19 WHEREAS, on October 6, 2010, the parties agree that BN and Spring should be

20 permitted to file memoranda of points and authorities that do not exceed forty (40) pages. 21 NOW, WHEREFORE, pursuant to Civil Local Rule 7-12, BN and Spring stipulate as

22 follows: 23 BN may exceed the 25-page limit by fifteen (15) pages, thus changing the maximum

24 length of its memorandum of points and authorities in support of its motion for summary 25 judgment to forty (40) pages exclusive of exhibits, attachments, declarations, table of contents, 26 table of authorities, and proof of service. Spring may also exceed the 25-page limit by fifteen 27 (15) pages, thus changing the maximum length of its memorandum of points and authorities in 28 opposition to BN's motion for summary judgment to forty (40) pages exclusive of exhibits,
02706.51620/3716765.1

Case No. 5:09-cv-05185-JW STIPULATION TO EXCEED PAGE LIMITS

1 attachments, declarations, table of contents, table of authorities, and proof of service. 2 IT IS SO AGREED AND STIPULATED. 3 DATED: October 11, 2010 4 QUINN EMANUEL URQUHART & SULLIVAN, LLP 5 6 /s/ Jennifer A. Kash Charles K. Verhoeven (Bar No. 170151) 7 [e-mail] Jennifer A. Kash (Bar No. 203679) 8 [e-mail] 50 California Street, 22nd Floor 9 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] 11 David W. Quinto (Bar No. 106232) [e-mail] 12 865 South Figueroa Street, 10th Floor Los Angeles, California 90017 13 Telephone: [phone] Facsimile: [phone] 14 Attorneys for Defendant 15 BARNESANDNOBLE.COM LLC 16 17 18 ATTESTATION PURSUANT TO GENERAL ORDER 45 Pursuant to General Order No. 45, § X(B), regarding signatures, I attest under penalty of FENWICK & WEST LLP

/s/ Elizabeth White Lynn H. Pasahow (CSB No. 054283) [e-mail] J. David Hadden (CSB No. 176148) [e-mail] Saina S. Shamilov (CSB No. 215636) [e-mail] Elizabeth J. White (CSB No. 262073) [e-mail] Silicon Valley Center 801 California Street Mountain View, California 94041 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff SPRING DESIGN, INC.

19 perjury that the concurrence in the filing of this document has been obtained from its signatories. 20 21 Dated: October 11, 2010 22 23 24 25 26 27 28
02706.51620/3716765.1

By:

/s/ Jennifer A. Kash Jennifer A. Kash

STIPULATION TO EXCEED PAGE LIMITS

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[PROPOSED] ORDER Based on the foregoing stipulation of the parties, it is hereby ordered that: The page limit for defendant Barnesandnoble.com LLC's memorandum of points and

thir 4 authorities in support of its motion for summary judgment, due October 18, 2010, shall be fortyty (30) 5 (40) pages. The page limit for plaintiff Spring Design, Inc.'s opposition to defendant's motion for (30) 6 summary judgment, due October 25, 2010, shall be (40) pages. 7 PURSUANT TO STIPULATION, IT IS SO ORDERED. 8 9 DATED: October 14 , 2010 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
02706.51620/3716765.1

The Honorable James Ware United States District Judge

Case No. 5:09-cv-05185-JW [PROPOSED] ORDER GRANTING STIPULATION TO EXCEED PAGE LIMITS