Opinion
Case No. 11-CV-4980 CRB
10-18-2011
OG International and O-Games USA, Plaintiffs v. Ubisoft Entertainment S.A. and Ubisoft, Inc. Defendants
William Sloan Coats (State Bar No. 94864) Peter Root (State Bar No. 142348) Jennifer L. Co (State Bar No. 264043) Taryn Lam (State Bar No. 236124) David M. Saunders (State Bar No. 260742) KAYE SCHOLER LLP Attorneys for Plaintiffs OG International and O-Games USA
William Sloan Coats (State Bar No. 94864)
Peter Root (State Bar No. 142348)
Jennifer L. Co (State Bar No. 264043)
Taryn Lam (State Bar No. 236124)
David M. Saunders (State Bar No. 260742)
KAYE SCHOLER LLP
Attorneys for Plaintiffs
OG International and O-Games USA
STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFFS LEAVE TO FILE A MEMORANDUM IN EXCESS OF 15 PAGES IN LENGTH (IN OPPOSITION TO DEFENDANTS' MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION)
STIPULATION
WHEREAS on October 12, 2011, Defendants Ubisoft Entertainment S.A. and Ubisoft Inc. (collectively, "Ubisoft"), filed a Motion for a Temporary Restraining Order and Preliminary Injunction and a 24-page Memorandum of Points and Authorities in support thereof; and
WHEREAS on October 12, 2011, this case was assigned to Judge Breyer; and
WHEREAS Judge Breyer's Standing Order provides that a Memorandum of Points and Authorities shall not exceed 15 pages in length; and
WHEREAS Ubisoft's Memorandum of Points and Authorities is in excess of the 15-page limit set forth by Judge Breyer's Standing Order; and
WHEREAS this Court ordered Plaintiffs OG International and O-Games USA (collectively, "OGI") to respond to Ubisoft's Motion by no later than the close of business on Monday, October 17, 2011; and
WHEREAS OGI desires leave to exceed the 15-page limit so that it may have a full and fair opportunity to respond to Ubisoft's Motion, which raises complex copyright and trade dress infringement issues, in addition to issues related to its request for injunctive relief; and
WHEREAS on October 17, 2011, counsel for OGI contacted counsel for Ubisoft and requested that Ubisoft stipulate to a 25-page limit on OGI's Memorandum of Points and Authorities in response to Ubisoft's Motion; and
WHEREAS counsel for Ubisoft agreed to OGI's request for a 25-page limit on OGI's response brief;
IT IS HEREBY STIPULATED AND AGREED, subject to the approval of the Court, that OGI is permitted to file a Memorandum of Points and Authorities of up to 25 pages in response to Ubisoft's Motion for a Temporary Restraining Order and Preliminary Injunction.
KAYESCHOLER LLP
William Sloan Coats (State Bar No. 94864)
Attorneys for Plaintiffs
OG International and O-Games USA
SHOOK, HARDY & BACON LLP
Michelle L. Marriott (pro hac vice admission pending)
Attorneys for Defendants
Ubisoft Entertainment and Ubisoft, Inc.
PURSUANT TO STIPULATION, IT IS SO ORDERED, this 18th day of October, 2011.
Honorable Charles R. Breyer
District Judge
ATTESTATION CLAUSE
I, William Sloan Coats, hereby attest in accordance with General Order No. 45.X(b) that counsel for Defendants Ubisoft Entertainment S.A. and Ubisoft Inc. has provided her concurrence with the electronic filing of the foregoing document entitled STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFFS LEAVE TO FILE A MEMORANDUM IN EXCESS OF 15 PAGES IN LENGTH (IN OPPOSITION TO DEFENDANTS' MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINAY INJUNCTION).
William Sloan Coats