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)

*E-FILED: May 1, 2013*
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BRYAN WILSON (BAR NO. 138842)
[e-mail]
KENNETH A. KUWAYTI (BAR NO. 145384)
[e-mail]
STEFAN J. SZPAJDA (BAR NO. 282322)
[e-mail]
MORRISON & FOERSTER LLP
755 Page Mill Road
Palo Alto, California 94304-1018
Telephone: [phone]
Facsimile: 650.494.0792
Attorneys for Defendants
VERIO INC. AND NTT AMERICA, INC.

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EDWARD F. CULLEN (BAR NO. 133155)
WILLIAMS, PINELLI & CULLEN, LLP
110 North Third Street
San Jose, CA 95112
Telephone: [phone]
Facsimile: 408.288.3860
MARC L. PINCKNEY (BAR NO. 127004)
4660 La Jolla Village Drive
Fifth Floor—PMB 5007
San Diego, CA 92122
Telephone: [phone]
Attorneys for Plaintiff
SILICON VALLEY TELECOM EXCHANGE, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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SILICON VALLEY TELECOM EXCHANGE,
LLC, a California corporation,

Case No. 12-CV-00899 HRL

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Plaintiffs,
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v.
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VERIO INC., a Delaware corporation; NTT
AMERICA, INC., a Delaware corporation; and
DOES 1 through 25,

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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

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Dept: Courtroom 12, 19th Floor
Judge: Hon. Howard R. Lloyd

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Date Action Filed:

Defendants.

February 23, 2012

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STIP AND [PROPOSED] ORDER EXTENDING TIME TO FILE REPLY BRIEFS AND CONTINUING HEARING DATE
CASE NO. 12-CV-00899 HRL
PA-1586041

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STIPULATION

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The parties submit this stipulation and proposed order to extend the time to file reply

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briefs in support of the motions for partial summary judgment filed by Defendants Verio Inc.

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(“Verio”) and NTT America, Inc. (“NTTA”) on April 10, 2013, and to continue the hearing date

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on the motions, currently set for May 14, 2013:

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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

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due to be filed at midnight on May 1, 2013, approximately 48 hours after SVTX’s opposition

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briefs were filed;

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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

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AGREED by and between the respective attorneys for Plaintiffs and Defendants, and subject to

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approval by this Court, as follows:

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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.

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STIP AND [PROPOSED] ORDER EXTENDING TIME TO FILE REPLY BRIEFS AND CONTINUING HEARING DATE
CASE NO. 12-CV-00899 HRL
PA-1586041

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Dated: April 30, 2013

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BRYAN WILSON
KENNETH A. KUWAYTI
STEFAN S. SZPAJDA
MORRISON & FOERSTER LLP

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By:
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/s/ Kenneth A. Kuwayti
KENNETH A. KUWAYTI

Attorneys for Defendants

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Dated: April 30, 2013

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EDWARD F. CULLEN
MARC L. PINCKNEY

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By:

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/s/ Edward F. Cullen
EDWARD F. CULLEN

Attorneys for Plaintiff

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ORDER

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IT IS SO ORDERED.

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Dated: May 1, 2013

By:
Hon. Howard R. Lloyd
U.S. Magistrate Judge

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STIP AND [PROPOSED] ORDER EXTENDING TIME TO FILE REPLY BRIEFS AND CONTINUING HEARING DATE
CASE NO. 12-CV-00899 HRL
PA-1586041

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