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

Filing 48

STIPULATION AND ORDER GRANTING 34 Stipulation for Leave to File Excess Pages in Opposition to Plaintiff's Motion for a Preliminary Injunction; Terminating 33 MOTION for Leave to File Excess Pages in Opposition to Plaintiff's Motion for a Preliminary Injunction. Signed by Judge James Ware on 11/20/2009. (ecg, COURT STAFF) (Filed on 11/20/2009)

1 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Charles K. Verhoeven (Bar No. 170151) 2 [e-mail] Melissa J. Baily (Bar No. 237649) 3 [e-mail] 50 California Street, 22nd Floor 4 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] David W. Quinto (Bar No. 106232) [e-mail] 7 865 South Figueroa Street, 10th Floor Los Angeles, California 90017 8 Telephone: [phone] Facsimile: [phone] 9 Attorneys for Defendant Barnesandnoble.com LLC 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
51620/3209120.2

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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'S OPPOSITION TO PLAINTIFF SPRING DESIGN INC.'S MOTION FOR A PRELIMINARY INJUNCTION AND PLAINTIFF'S REPLY IN SUPPORT OF ITS MOTION FOR A PRELIMINARY INJUNCTION Trial Date: None set

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

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STIPULATION WHEREAS, plaintiff Spring Design Inc. ("Spring") filed a complaint against defendant

3 Barnesandnoble.com LLC ("B&N") on November 2, 2009 and a first amended complaint on 4 November 11, 2009; 5 WHEREAS, Spring filed a motion for a preliminary injunction against B&N on

6 November 11, 2009, along with a motion to shorten time and an administrative motion to exceed 7 page limits on its preliminary injunction motion; 8 WHEREAS, on November 13, 2009, the Court granted Spring's Administrative Motion

9 for Leave To Exceed Page Limit for Its Motion for a Preliminary Injunction, allowing Spring's 10 preliminary injunction motion to increase in length from twenty-five (25) to thirty (30) pages; 11 WHEREAS, pursuant to the Court's November 13, 2009 Order granting, as modified,

12 Spring's Motion To Shorten Time, B&N's opposition to Spring's preliminary injunction motion 13 is due on November 20, 2009, and Spring's reply in support of its preliminary injunction motion 14 is due on November 23, 2009; 15 WHEREAS, Civil Local Rule 7-4(b) sets forth a limit of twenty-five (25) pages for

16 B&N's opposition brief and fifteen (15) pages for Spring's reply brief; 17 WHEREAS, the parties agree that B&N should be permitted to file an opposition brief

18 that does not exceed thirty (30) pages; and Spring should be permitted to file a reply brief that 19 does not exceed eighteen (18) pages. 20 NOW, WHEREFORE, pursuant to Civil Local Rule 7-11, B&N and Spring stipulate as

21 follows: 22 B&N may exceed the 25-page limit by five (5) pages, thus changing the maximum length

23 of its opposition to Spring's motion for a preliminary injunction to thirty (30) pages exclusive of 24 exhibits, attachments, declarations, table of contents, table of authorities, and proof of service. 25 Spring may exceed the 15-page limit by three (3) pages, thus changing the maximum length of 26 its reply in support of its motion for a preliminary injunction to eighteen (18) pages exclusive of 27 28
51620/3209120.2

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

1 exhibits, attachments, declarations, table of contents, table of authorities, and proof of service. 2 3 IT IS SO AGREED AND STIPULATED. 4 5 DATED: November 19, 2009 6 7 8 9 10 DATED: November 19, 2009 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
51620/3209120.2

QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP

By /s/ Melissa J. Baily Melissa J. Baily Attorneys for Defendant Barnesandnoble.com LLC FENWICK & WEST LLP

By /s/ David Hadden J. David Hadden Attorneys for Plaintiff Spring Design Inc.

ATTESTATION PURSUANT TO GENERAL ORDER 45 Pursuant to General Order No. 45, § X(B), regarding signatures, I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories.

Dated: November 19, 2009 By: /s/ Melissa J. Baily Melissa J. Baily

STIPULATION TO EXCEED PAGE LIMIT

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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 opposition to Plaintiff's Motion

4 for a Preliminary Injunction, due November 20, 2009, shall be thirty (30) pages. The page limit 5 for Plaintiff Spring Design, Inc.'s reply, due November 23, 2009, shall be eighteen (18) pages. 6 PURSUANT TO STIPULATION, IT IS SO ORDERED. 7
This Order terminates Defendant's Motion to Extend Page Limits (Docket Item No. 33). 20 ,

8 DATED: November 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
51620/3209120.2

2009

The Honorable James Ware United States District Judge

STIPULATION TO EXCEED PAGE LIMIT

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Case No. 5:09-cv-05185-JW