Opinion
CASE NO. CV 11-3500-JSW
11-15-2011
ALPHA INVESTMENT, LLC, Plaintiff, v. ZYNGA INC. and ANDREW TRADER, Defendants.
Gerald E. Hawxhurst Joshua P. Gelbart CRONE HAWXHURST LLP Attorneys for Plaintiff Alpha Investment, LLC Stephen C. Neal (170085) John C. Dwyer (136533) Jeffrey M. Kaban (235743) COOLEY LLP Five Palo Alto Square Attorneys for Defendant Zynga Inc. Jacob S. Pultman ( Admitted Pro Hac Vice ) Andrew H. Reynard ( Admitted Pro Hac Vice ) Molly C. Spieczny (Admitted Pro Hac Vice ) ALLEN & OVERY LLP Attorneys for Plaintiff Alpha Investment, LLC Scott Vick (No. 171944) Lital Gilboa (No. 263372) VICK LAW GROUP Attorneys for Defendant Andrew Trader
Gerald E. Hawxhurst
Joshua P. Gelbart
CRONE HAWXHURST LLP
Attorneys for Plaintiff
Alpha Investment, LLC
Stephen C. Neal (170085)
John C. Dwyer (136533)
Jeffrey M. Kaban (235743)
COOLEY LLP
Five Palo Alto Square
Attorneys for Defendant
Zynga Inc.
Jacob S. Pultman (Admitted Pro Hac Vice)
Andrew H. Reynard (Admitted Pro Hac Vice)
Molly C. Spieczny (Admitted Pro Hac Vice)
ALLEN & OVERY LLP
Attorneys for Plaintiff
Alpha Investment, LLC
Scott Vick (No. 171944)
Lital Gilboa (No. 263372)
VICK LAW GROUP
Attorneys for Defendant
Andrew Trader
STIPULATION REGARDING HEARING AND CASE MANAGEMENT
CONFERENCE
[PROPOSED ORDER SUDMITTED
HEREWITH]
WHEREAS, the Complaint in the above-captioned action was filed on July 15, 2011 and the Initial Case Management Order scheduled a Case Management Conference for October 27, 2011;
WHEREAS, on August 1, 2011, the Court entered an Order scheduling the Case Management Conference for October 28, 2011;
WHEREAS, motions to dismiss and a motion to intervene (the "Motions") were filed on August 5, 2011 and noticed for oral argument on November 4, 2011;
WHEREAS, briefing on the Motions was completed on September 7, 2011;
WHEREAS, on September 14, 2011, the parties stipulated and agreed that, with the consent of the Court, the Case Management Conference should be adjourned until November 4, 2011, so as to coincide with oral argument on the Motions;
WHEREAS, on September 15, 2011, the Court entered an Order scheduling the Case Management Conference for November 4, 2011, immediately following oral argument on the Motions;
WHEREAS, on October 27, 2011, an Amended Clerk's Notice was entered in this action rescheduling for December 16, 2011 the oral argument on the Motions and the Case Management Conference that had been previously scheduled for November 4, 2011;
WHEREAS, due to a scheduling conflict, lead counsel for Defendant Zynga Inc. ("Zynga") is unable to attend the oral argument on the Motions or the Case Management Conference on December 16, 2011;
WHEREAS, the Court's Clerk has informed counsel for Zynga that the earliest date on which oral argument on the Motions and the Case Management Conference can be held is February 10,2012;
WHEREAS, on October 14, 2011, the parties held a conference pursuant to Federal Rule of Civil Procedure 26(f), but, as a result of the foregoing, the parties will need to develop an alternative mutually agreeable schedule;
WHEREAS, on November 8, 2011, the parties held a conference to discuss this stipulation and the staging of document discovery, on the one hand, and deposition and other forms of discovery, on the other; and
WHEREAS, the parties seek the prompt resolution of this action;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties to this action, through the undersigned counsel of record, as follows:
1. Subject to the consent of the Court, oral argument on the Motions and the Case Management Conference shall be adjourned until February 10, 2012 at 9:00 a.m.;
2. The parties may serve requests for the production of documents, requests for admission for purposes of authentication and third-party document subpoenas prior to February 10, 2012;
3. The parties shall not serve interrogatories, requests for admission other than for purposes of authentication, deposition notices or forms of discovery other than those set forth in Paragraph 2 above prior to February 10, 2012;
4. Neither the adjournment of the oral argument on the Motions or the Case Management Conference, nor the pendency of the Motions, shall be cited or otherwise used by any party as grounds for objecting to requests for the production of documents, requests for admission for purposes of authentication or third-party document subpoenas that are served by the parties prior to February 10, 2012; and
5. The parties to this action enter this stipulation without prejudice to any parties' rights with respect to discovery, including but not limited to a party's right to serve, object to, move to compel, quash or stay discovery, or to seek further relief from the Court as appropriate.
COOLEY LLP
Jeffrey M. kaban (235743)
Attorneys tor Defendant Zynga Inc.
VICK LAW GROUP, APC
By ____________
Scott Vick (171944)
Attorneys for Defendant Andrew Trader
the parties to this action, through the undersigned counsel of record, as follows:
1. Subject to the consent of the Court, oral argument on the Motions and the Case Management Conference shall be adjourned until February 10, 2012 at 9:00 a.m.;
2. The parties may serve requests for the production of documents, requests for admission for purposes of authentication and third-party document subpoenas prior to February 10, 2012;
3. The parties shall not serve interrogatories, requests for admission other than for purposes of authentication, deposition notices or forms of discovery other than those set forth in Paragraph 2 above prior to February 10, 2012;
4. Neither the adjournment of the oral argument on the Motions or the Case Management Conference, nor the pendency of the Motions, shall be cited or otherwise used by any party as grounds for objecting to requests for the production of documents, requests for admission for purposes of authentication or third-party document subpoenas that are served by the parties prior to February 10, 2012; and
5. The parties to this action enter this stipulation without prejudice to any parties' rights with respect to discovery, including but not limited to a party's right to serve, object to, move to compel, quash or stay discovery, or to seek further relief from the Court as appropriate.
COOLEY LLP
By ____________
Jeffrey M. Kaban (235743)
Attorneys for Defendant Zynga Inc.
VICK LAW GROUP, APC
By ____________
Scott Vick (171944)
Attorneys for Defendant Andrew Trader
ALLEN & OVERY LLP
Jacob s. Pultman (admitted pro hac vice)
Attorneys/for Plaintiff Alpha Investment, LLC
PURSUANT TO STIPULATION, IT IS SO ORDERED.
HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE