Silicon Valley Telecom Exchange, LLC v. Verio, Inc et al

Filing 44

STIPULATION AND ORDER EXTENDING TIME TO FILE REPLY BRIEFS AND CONTINUING HEARING DATE. Signed by Magistrate Judge Howard R. Lloyd on May 1, 2013. (hrllc1, COURT STAFF) (Filed on 5/1/2013)

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*E-FILED: May 1, 2013* 1 2 3 4 5 6 7 BRYAN WILSON (BAR NO. 138842) BWilson@mofo.com KENNETH A. KUWAYTI (BAR NO. 145384) KKuwayti@mofo.com STEFAN J. SZPAJDA (BAR NO. 282322) SSzpajda@mofo.com MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, California 94304-1018 Telephone: 650.813.5600 Facsimile: 650.494.0792 Attorneys for Defendants VERIO INC. AND NTT AMERICA, INC. 8 9 10 11 12 13 14 15 EDWARD F. CULLEN (BAR NO. 133155) WILLIAMS, PINELLI & CULLEN, LLP 110 North Third Street San Jose, CA 95112 Telephone: 408.288.3868 Facsimile: 408.288.3860 MARC L. PINCKNEY (BAR NO. 127004) 4660 La Jolla Village Drive Fifth Floor—PMB 5007 San Diego, CA 92122 Telephone: 408.857.0880 Attorneys for Plaintiff SILICON VALLEY TELECOM EXCHANGE, LLC 16 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA 19 SAN JOSE DIVISION 20 SILICON VALLEY TELECOM EXCHANGE, LLC, a California corporation, Case No. 12-CV-00899 HRL 21 Plaintiffs, 22 v. 23 24 VERIO INC., a Delaware corporation; NTT AMERICA, INC., a Delaware corporation; and DOES 1 through 25, 25 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO FILE REPLY BRIEFS IN SUPPORT OF VERIO AND NTT AMERICA MOTIONS FOR PARTIAL SUMMARY JUDGMENT AND CONTINUING HEARING DATE 26 Dept: Courtroom 12, 19th Floor Judge: Hon. Howard R. Lloyd 27 Date Action Filed: Defendants. February 23, 2012 28 STIP AND [PROPOSED] ORDER EXTENDING TIME TO FILE REPLY BRIEFS AND CONTINUING HEARING DATE CASE NO. 12-CV-00899 HRL PA-1586041 1 STIPULATION 2 The parties submit this stipulation and proposed order to extend the time to file reply 3 briefs in support of the motions for partial summary judgment filed by Defendants Verio Inc. 4 (“Verio”) and NTT America, Inc. (“NTTA”) on April 10, 2013, and to continue the hearing date 5 on the motions, currently set for May 14, 2013: 6 7 8 9 10 WHEREAS, plaintiff Silicon Valley Telecom Exchange (“SVTX”) filed its Opposition to NTTA’s Motion for Partial Summary Judgment on April 29, 2013; WHEREAS, SVTX filed its Opposition to Verio’s Motion for Partial Summary Judgment on April 30, 2013; WHEREAS, Verio and NTTA’s reply briefs to SVTX’s Oppositions would otherwise be 11 due to be filed at midnight on May 1, 2013, approximately 48 hours after SVTX’s opposition 12 briefs were filed; 13 14 15 16 17 18 19 WHEREAS, counsel for SVTX has stipulated to the additional time requested by Defendants to file their reply briefs; WHEREAS, the parties desire to give the Court the full two weeks to consider the motions; WHEREAS, the parties understand that the Court has availability on its May 21, 2013 law and motion calendar and are agreeable to a hearing date of May, 21, 2013; NOW, THEREFORE, and in light of the foregoing, IT IS HEREBY STIPULATED AND 20 AGREED by and between the respective attorneys for Plaintiffs and Defendants, and subject to 21 approval by this Court, as follows: 22 23 24 25 The deadline for Defendants to file their reply briefs in support of their Motions for Partial Summary Judgment is extended up to and including Monday, May 6, 2013; and The hearing date on the Motions for Partial Summary Judgment of Verio and NTTA is continued from May 14, 2013 to May 21, 2013. 26 27 28 STIP AND [PROPOSED] ORDER EXTENDING TIME TO FILE REPLY BRIEFS AND CONTINUING HEARING DATE CASE NO. 12-CV-00899 HRL PA-1586041 1 1 Dated: April 30, 2013 2 BRYAN WILSON KENNETH A. KUWAYTI STEFAN S. SZPAJDA MORRISON & FOERSTER LLP 3 4 By: 5 6 /s/ Kenneth A. Kuwayti KENNETH A. KUWAYTI Attorneys for Defendants 7 8 Dated: April 30, 2013 9 EDWARD F. CULLEN MARC L. PINCKNEY 10 By: 11 12 /s/ Edward F. Cullen EDWARD F. CULLEN Attorneys for Plaintiff 13 14 ORDER 15 16 IT IS SO ORDERED. 17 18 Dated: May 1, 2013 By: Hon. Howard R. Lloyd U.S. Magistrate Judge 19 20 21 22 23 24 25 26 27 28 STIP AND [PROPOSED] ORDER EXTENDING TIME TO FILE REPLY BRIEFS AND CONTINUING HEARING DATE CASE NO. 12-CV-00899 HRL PA-1586041 2

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