Opinion
CASE NO. CV 11-2959 EJD
10-21-2011
ZYNGA INC., a Delaware Corporation, Plaintiff, v. VOSTU USA, INC., a Delaware Corporation; VOSTU LLC, a Delaware Corporation; VOSTU, LLC, a Delaware Corporation; VOSTU, LTD., a Cayman Islands Corporation; and DOES 1-5, Defendants.
Larry W. McFarland (Bar No. 129668) Dennis Wilson (Bar No. 155407) David K. Caplan (Bar No. 181174) Tara D. Rose (Bar No. 256079) KEATS McFARLAND & WILSON LLP Attorneys for Plaintiff ZYNGA INC.
Larry W. McFarland (Bar No. 129668)
Dennis Wilson (Bar No. 155407)
David K. Caplan (Bar No. 181174)
Tara D. Rose (Bar No. 256079)
KEATS McFARLAND & WILSON LLP
Attorneys for Plaintiff
ZYNGA INC.
STIPULATION AND [PROPOSED] ORDER STAYING PROCEEDINGS TO PERMIT SETTLEMENT DISCUSSIONS
Plaintiff ZYNGA INC. ("Plaintiff") and Defendants VOSTU USA, INC., VOSTU LLC, VOSUT, LLC and VOSTU, LTD. ("Defendants"), through their respective counsel of record, hereby stipulate and agree as follows:
RECITALS
WHEREAS on October 11, 2011, Plaintiff and Defendants (collectively the "Parties") conducted a mediation before the Honorable Judge William Cahill (Ret.); and
WHEREAS following the mediation the Parties are continuing their negotiations towards a resolution of this matter; and
WHEREAS the Initial Case Management Conference is currently scheduled for Friday, November 4, 2011; and
WHEREAS the parties have each served discovery in this action; and
WHEREAS Vostu's deadline to amend its counterclaims as a matter of right is October 20, 2011; and
WHEREAS the Parties agree that it is in their mutual best interest, as well as in the interest of judicial efficiency, for all litigation between the parties worldwide to be stayed for a reasonable period of time to allow the Parties to focus their efforts on concluding a settlement; and
WHEREAS a brief stay in this action will not affect any dates on the Court's calendar other than the November 4, 2011, Initial Case Management Conference.
STIPULATION
Based on the foregoing recitals, the Parties hereby stipulate and agree as follows:
1. The Initial Case Management Conference currently scheduled for November 4, 2011 shall be taken off calendar.
2. All pending dates and deadlines in this action shall be stayed.
3. The deadline for Vostu to file amended counterclaims as a matter of right shall be extended until 10 business days after the lifting of the stay.
4. The Parties shall report to the Court on their progress negotiating a final settlement agreement, and cooperate in proposing any next steps, no later than December 2, 2011.
5. Either Party may move ex parte with two business days notice to petition the Court to lift the stay.
KEATS MCFARLAND & WILSON LLP
Dennis L. Wilson
Attorneys for Plaintiff
ZYNGA INC.
MUNGER, TOLLES & OLSON LLP
Carolyn Hoecker Luedtke
Attorneys for Defendants
VOSTU USA, INC., VOSTU LLC and
VOSTU, LTD.
WINSTON & STRAWN LLP
Andrew P. Bridges
Attorneys for Defendants
VOSTU USA, INC., VOSTU LLC and
VOSTU, LTD.
SIGNATURE ATTESTATION: I hereby attest that I have authorization on file for any signatures indicated by a conformed signature within this e-filed document
Dennis L. Wilson
ORDER
Pursuant to the stipulation of the Parties, IT IS SO ORDERED.
Honorable Edward J. Davila
United States District Judge