Opinion
4:23-cv-1412-HSG
06-12-2023
BYTEDANCE INC. AND TIKTOK INC., Plaintiffs, v. ADVANCED CODING TECHNOLOGIES LLC, ANJAY TECHNOLOGY PARTNERS LLC, ANJAY VENTURE PARTNERS LLC, and DEMAND FOR JURY TRIAL DEEPAK SHARMA, Defendants.
Michael R. Headley (SBN 220834) Alfred R. Fabricant (Admitted pro hac vice) Jeanel N. Sunga (SBN 333815) Peter Lambrianakos (Admitted pro hac vice) FISH & RICHARDSON P.C. Vincent J. Rubino, III (Admitted pro hac vice) Enrique Iturralde (Admitted pro hac vice) Amy Park (Admitted pro hac vice) Additional attorneys on signature page Joseph Mercadante (Admitted pro hac vice) Attorneys for Plaintiffs FABRICANT LLP BYTEDANCE INC. and TIKTOK INC. 411 Theodore Fremd Road, Ste. 206 South Additional attorneys on signature page Attorneys for Defendants ADVANCED CODING TECHNOLOGIES LLC, ANJAY TECHNOLOGY PARTNERS LLC, ANJAY VENTURE PARTNERS LLC, and DEEPAK SHARMA Ricardo J. Bonilla (Admitted pro hac vice) Adam J. Kessel (Admitted pro hac vice) Attorneys for Plaintiffs BYTEDANCE INC. and TIKTOK INC.
Michael R. Headley (SBN 220834)
Alfred R. Fabricant (Admitted pro hac vice)
Jeanel N. Sunga (SBN 333815) Peter Lambrianakos (Admitted pro hac vice)
FISH & RICHARDSON P.C. Vincent J. Rubino, III (Admitted pro hac vice)
Enrique Iturralde (Admitted pro hac vice)
Amy Park (Admitted pro hac vice)
Additional attorneys on signature page Joseph Mercadante (Admitted pro hac vice)
Attorneys for Plaintiffs FABRICANT LLP
BYTEDANCE INC. and TIKTOK INC. 411 Theodore Fremd Road, Ste. 206 South
Additional attorneys on signature page
Attorneys for Defendants
ADVANCED CODING TECHNOLOGIES LLC, ANJAY TECHNOLOGY PARTNERS LLC, ANJAY VENTURE PARTNERS LLC, and DEEPAK SHARMA
Ricardo J. Bonilla (Admitted pro hac vice)
Adam J. Kessel (Admitted pro hac vice) Attorneys for Plaintiffs BYTEDANCE INC. and TIKTOK INC.
STIPULATION AND ORDER EXTENDING TIME FOR BRIEFING ON MOTION TO DISMISS
HONORABLE HAY WOOD GILLIAM UNITED STATE DISTRICT COURT JUDGE
Pursuant to Civil L.R. 6-1 and 6-2, as supported by the declaration of Jeanel N. Sunga, filed herewith, Plaintiffs, ByteDance Inc. and TikTok Inc., and Defendants, Advanced Coding Technologies LLC, Anjay Technology Partners LLC, Anjay Venture Partners LLC, and Deepak Sharma, hereby stipulate to extend the time for Plaintiffs to serve their opposition to Defendants' Motion to Dismiss Complaint for Declaratory Judgment, based on the following facts:
1. Plaintiffs filed their Complaint against Defendants on March 24, 2023. (Dkt. No. 1.)
2. On June 2, 2023, Defendants filed their Motion to Dismiss. (Dkt. No. 38.)
3. On June 5, 2023, the Court issued a notice regarding the briefing schedule for the motion. (Dkt. No. 39.) The Court's briefing schedule provided that the Plaintiffs' response is due on June 16, 2023, Defendants' Reply is due on June 23, 2023, and the hearing on the Defendants' motion is set for argument on July 27, 2023. (Id.)
4. As set forth in the accompanying Declaration of Jeanel N. Sunga, good cause exists for the stipulated extension because in light of other competing deadlines, it will allow Plaintiffs' counsel sufficient time to evaluate the issues and the parties' positions regarding the motion. Therefore, on June 6, 2023, Plaintiffs asked whether Defendants would oppose a one-week extension (from June 16, 2023 to June 23, 2023) for Plaintiffs to file their response to Defendants' Motion to Dismiss. On June 9, 2023, Defendants agreed to the extension for Plaintiffs' response.
5. The parties agree that all other dates in the schedule will remain unchanged. Accordingly, the parties stipulate, subject to the Court's approval, that good cause exists for the extension and that the deadline for Plaintiffs to serve their opposition to Defendants' Motion to Dismiss is extended by one week to June 23, 2023 and accordingly, Defendants' reply is due June 30, 2023.
There has been one previous extension in this case: Stipulation to Extend Time to Respond to the Initial Complaint. (Dkt. No. 16.)
ORDER
BEFORE the Court is the parties' Stipulation Extending Time for Briefing on Motion to Dismiss. Pursuant to the stipulation, the Court hereby GRANTS the stipulation and EXTENDS the deadline for Plaintiffs to serve their response to Defendants' Motion to Dismiss from June 16, 2023 to June 23, 2023, and accordingly, the deadline for Defendants to serve their reply is June 30, 2023.
SO ORDERED.