Opinion
Case No. 4:11-cv-01805-SBA (DMR)
11-07-2011
FACEBOOK, INC., Plaintiff, v. VARIOUS, INC.; GMCI INTERNET OPERATIONS, INC.; TRAFFIC CAT, INC.; FRIENDFINDER NETWORKS INC.; and DOES 1-100, Defendants.
COOLEY LLP MICHAEL G. RHODES (SBN 116127) GAVIN L. CHARLSTON (SBN 253899) ANNE H. PECK (SBN 124790) JEFFREY T. NORBERG (SBN 215087) Attorneys for Plaintiff FACEBOOK, INC. KATTEN MUCHIN ROSENMAN LLP KRISTIN L. HOLLAND (SBN 187314) FLOYD A. MANDELL (admitted pro hac vice) WILLIAM J. DORSEY (admitted pro hac vice) Attorneys for Defendants/Counter-Plaintiffs VARIOUS, INC., et al.
COOLEY LLP
MICHAEL G. RHODES (SBN 116127)
GAVIN L. CHARLSTON (SBN 253899)
ANNE H. PECK (SBN 124790)
JEFFREY T. NORBERG (SBN 215087)
Attorneys for Plaintiff
FACEBOOK, INC.
KATTEN MUCHIN ROSENMAN LLP
KRISTIN L. HOLLAND (SBN 187314)
FLOYD A. MANDELL (admitted pro hac vice)
WILLIAM J. DORSEY (admitted pro hac vice)
Attorneys for Defendants/Counter-Plaintiffs
VARIOUS, INC., et al.
AND RELATED COUNTERCLAIMS
JOINT STIPULATION FOR STAY and
[PROPOSED] ORDER
Pursuant to Local Rule 7-12, Plaintiff Facebook, Inc. ("Facebook") and Defendants Various, Inc., GMCI Internet Operations, Inc., Traffic Cat, Inc. and FriendFinder Networks Inc. (collectively "Defendants") hereby stipulate that this case be stayed in favor of continued settlement discussions between the parties with the continued assistance, as needed, from Magistrate Judge Jacqueline Scott Corley, which the parties believe are likely to resolve the case.
On November 4, 2011 the parties participated in a full day settlement conference with Magistrate Judge Corley which continued until after 6:00 p.m. and significant progress was made to resolve all disputes. While meaningful progress toward settlement was made, several issues require further discussion. The parties believe that continued discussions between the parties will likely lead to a settlement. It is the parties' belief that a stay will conserve judicial resources, economy and time. The parties further believe that a stay of the litigation, including the December 30, 2011 deadline to amend pleadings or add parties and any and all other deadlines, will facilitate a settlement. Accordingly, at the suggestion of Magistrate Judge Corley and subject to the approval of the Court, the parties hereby stipulate that:
1. This case is stayed indefinitely in favor of continued settlement discussions under the supervision of Magistrate Judge Corley;
2. The December 30, 2011 deadline to add parties and amend the complaint is vacated and will be reset to a later date should the stay be lifted;
3. All discovery deadlines, including all deadlines for third parties to respond to subpoenas, are vacated and will be reset to a later date should the stay be lifted;
4. Any party may lift the stay by first notifying Magistrate Judge Corley and all other parties and by filing a Notice of Dissolution of Stay five (5) days thereafter; and
5. The January 12, 2012 case management conference will proceed as scheduled should the case not be resolved before that date.
S O STIPULATED:
COOLEY LLP
JEFFREY T. NORBERG (215087)
Jeffrey T. Norberg (215087)
Attorneys for Plaintiff
FACEBOOK, INC.
KATTEN MUCHIN ROSENMAN LLP
KRISTIN L. HOLLAND (187314)
Kristin L. Holland (187314)
Attorneys for Defendants/Counter-Plaintiffs
VARIOUS, INC., et al.
P URSUANT TO STIPULATION, IT IS SO ORDERED.
The Honorable Saundra Brown Armstrong
United States District Judge
GENERAL ORDER 45 ATTESTATION
In accordance with General Order 45, concurrence in the filing of this document has been obtained from each of the signatories and I shall maintain records to support this concurrence for subsequent production for the Court if so ordered or for inspection upon request by a party.
Jeffrey T. Norberg
Attorneys for Plaintiff
FACEBOOK, INC.