Opinion
Case No. 12-CV-00899 HRL
05-01-2013
SILICON VALLEY TELECOM EXCHANGE, LLC, a California corporation, Plaintiffs, v. VERIO INC., a Delaware corporation; NTT AMERICA, INC., a Delaware corporation; and DOES 1 through 25, Defendants.
BRYAN WILSON KENNETH A. KUWAYTI STEFAN S. SZPAJDA MORRISON & FOERSTER LLP KENNETH A. KUWAYTI Attorneys for Defendants EDWARD F. CULLEN MARC L. PINCKNEY EDWARD F. CULLEN Attorneys for Plaintiff
BRYAN WILSON (BAR NO. 138842)
BWilson@mofo.com
KENNETH A. KUWAYTI (BAR NO. 145384)
KKuwayti@mofo.com
STEFAN J. SZPAJDA (BAR NO. 282322)
SSzpajda@mofo.com
MORRISON & FOERSTER LLP
755 Page Mill Road
Palo Alto, California 94304-1018
Telephone: 650.813.5600
Facsimile: 650.494.0792
Attorneys for Defendants
VERIO INC. AND NTT AMERICA, INC.
EDWARD F. CULLEN (BAR NO. 133155)
WILLIAMS, PINELLI & CULLEN, LLP
110 North Third Street
San Jose, CA 95112
Telephone: 408.288.3868
Facsimile: 408.288.3860
MARC L. PINCKNEY (BAR NO. 127004)
4660 La Jolla Village Drive
Fifth Floor—PMB 5007
San Diego, CA 92122
Telephone: 408.857.0880
Attorneys for Plaintiff
SILICON VALLEY TELECOM EXCHANGE, LLC
STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME TO FILE
REPLY BRIEFS IN SUPPORT OF
VERIO AND NTT AMERICA MOTIONS
FOR PARTIAL SUMMARY JUDGMENT
AND CONTINUING HEARING DATE
Judge: Hon. Howard R. Lloyd
Date Action Filed: February 23, 2012
STIPULATION
The parties submit this stipulation and proposed order to extend the time to file reply briefs in support of the motions for partial summary judgment filed by Defendants Verio Inc. ("Verio") and NTT America, Inc. ("NTTA") on April 10, 2013, and to continue the hearing date on the motions, currently set for May 14, 2013:
WHEREAS, plaintiff Silicon Valley Telecom Exchange ("SVTX") filed its Opposition to NTTA's Motion for Partial Summary Judgment on April 29, 2013;
WHEREAS, SVTX filed its Opposition to Verio's Motion for Partial Summary Judgment on April 30, 2013;
WHEREAS, Verio and NTTA's reply briefs to SVTX's Oppositions would otherwise be due to be filed at midnight on May 1, 2013, approximately 48 hours after SVTX's opposition briefs were filed;
WHEREAS, counsel for SVTX has stipulated to the additional time requested by Defendants to file their reply briefs;
WHEREAS, the parties desire to give the Court the full two weeks to consider the motions;
WHEREAS, the parties understand that the Court has availability on its May 21, 2013 law and motion calendar and are agreeable to a hearing date of May, 21, 2013;
NOW, THEREFORE, and in light of the foregoing, IT IS HEREBY STIPULATED AND AGREED by and between the respective attorneys for Plaintiffs and Defendants, and subject to approval by this Court, as follows:
The deadline for Defendants to file their reply briefs in support of their Motions for Partial Summary Judgment is extended up to and including Monday, May 6, 2013; and
The hearing date on the Motions for Partial Summary Judgment of Verio and NTTA is continued from May 14, 2013 to May 21, 2013.
BRYAN WILSON
KENNETH A. KUWAYTI
STEFAN S. SZPAJDA
MORRISON & FOERSTER LLP
By: _________________
KENNETH A. KUWAYTI
Attorneys for Defendants
EDWARD F. CULLEN
MARC L. PINCKNEY
By: _________________
EDWARD F. CULLEN
Attorneys for Plaintiff
ORDER
IT IS SO ORDERED.
By: _________________
Hon. Howard R. Lloyd
U.S. Magistrate Judge