Think Computer Corporation v. Dwolla, Inc. et al

Filing 138

STIPULATION AND ORDER re #136 Stipulation Enlarging briefing Schedule filed by Think Computer Corporation. Set/Reset Deadlines as to #136 Stipulation, #91 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, #128 MOTION to Dismiss for Lack of Jurisdiction : Responses due by 9/23/2013. Replies due by 10/14/2013. Signed by Judge Edward J. Davila on 9/10/2013. (ecg, COURT STAFF) (Filed on 9/10/2013)

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ATTORNEYS FOR PLAINTIFF

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MICHAEL ASCHENBRENER (SBN 277114)
[e-mail]
ASCHENBRENER LAW, P.C.
795 Folsom Street, First Floor
San Francisco, CA 94107
Telephone: [phone]
Facsimile: [phone]

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9/10/2013

NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES DISTRICT COURT

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OF

SAN JOSE DIVISION

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THINK COMPUTER CORPORATION, a
Delaware Corporation,
Plaintiff,

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v.
DWOLLA, INC. et al.,

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Defendants.

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Case No. 5:13-cv-02054-EJD
STIPULATION TO ENLARGE TIME TO
BRIEFING SCHEDULE FOR
DEFENDANT ACTBLUE, LLC’S MOTION
TO DISMISS AND JOINDER IN
DEFENDANTS’ MOTIONS TO DISMISS
Judge Edward J. Davila

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STIPULATION

5:13-cv-02054-EJD

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STIPULATION

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Pursuant to Civil L.R. 6-1 and 6-2, Plaintiff Think Computer Corporation ("Think

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Computer") and Defendant ActBlue, LLC (“ActBlue”) hereby stipulate and agree as follows:
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Plaintiff shall have until September 23, 2013 to respond to ActBlue’s Motion to
Dismiss and Joinder in Defendants’ Motion to Dismiss (Dkt. No. 128);

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ActBlue shall have until October 14, 2013 to file its reply in support of its motion.

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The parties seek this enlargement of time in order to coordinate the response and reply

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deadlines among ActBlue’s motion to dismiss and the already filed motions to dismiss it seeks to

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join. (Dkt. No. 90; Asch. Decl. ¶ 2.) This enlargement of time will increase efficiency for the

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parties and for the Court. (Asch. Decl. ¶ 3.)

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There have been three prior time modifications in this case, two of which were by

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stipulation (Dkt Nos. 73 & 74, 90) and one of which was by motion (Dkt. No. 131). (Asch. Decl.

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¶ 4.)

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The proposed time modification will not affect the schedule of the case. (Id. ¶ 5.) In fact,

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this time modification will align the response and reply deadlines with the motion that ActBlue

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seeks to join. (Id. ¶ 6.) The parties do not seek to alter any existing hearings. (Asch. Decl. ¶ 7.)

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And the proposed enlargement will have no effect on the January 10, 2014 hearing date on the

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motions to dismiss. (Asch. Decl. ¶ 8.)

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Respectfully submitted,

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Dated: September 6, 2013

By: s/ Michael Aschenbrener
Michael Aschenbrener
ASCHENBRENER LAW, P.C.
One of the Attorneys for Plaintiff

Dated: September 6, 2013

By: s/ Ivo Labar
Ivo Labar
KERR & WAGSTAFFE LLP
One of the Attorneys for ActBlue, LLC

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STIPULATION

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5:13-cv-02054-EJD

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CERTIFICATE OF SERVICE

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The undersigned certifies that, on September 6, 2013, he caused this document to be
electronically filed with the Clerk of Court using the CM/ECF system, which will send
notification of filing to counsel of record for each party.

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Dated: September 6, 2013

ASCHENBRENER LAW, P.C.

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By: s/ Michael Aschenbrener
Michael Aschenbrener

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STIPULATION

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5:13-cv-02054-EJD