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Zheng v. Yahoo!

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


October 23, 2009

CUNZHU ZHENG, LIU GUOKAI, TAO JUN, AND THE CHINA DEMOCRACY PLAINTIFFS,
v.
YAHOO!, INC., A DELAWARE CORPORATION, YAHOO! HONG KONG, LTD., A FOREIGN SUBSIDIARY OF YAHOO!, INC; AND THE PEOPLES REPUBLIC OF CHINA, DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Maxine M. Chesney

ORDER APPROVING PARTY, JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE DEADLINE TO COMPLETE MEDIATION UNTIL AFTER THE COURT'S RULING ON THE YAHOO! DEFENDANTS' PENDING MOTIONS TO DISMISS

STIPULATION

This stipulation is entered by and through plaintiffs Cunzhu Zheng, Liu Guokai, Tao Jun and the China Democracy Party ("Plaintiffs") and defendants Yahoo!, Inc. and Yahoo! Hong Kong, Ltd. ("Defendants"), through their respective undersigned counsel, with reference to the following facts:

1) At the status conference in this action on July 24, 2009, the Court ordered the parties to complete mediation by November 6, 2009, and also set a hearing date on the Yahoo! Defendants' pending motions to dismiss for November 20, 2009. On October 21, 2009, this Court continued the hearing date on Defendants' motions to December 4, 2009.

2) After an initial scheduling conference with the court-appointed mediator, David Meadows, defendants agreed to meet for mediation with plaintiffs in San Francisco the week of November 6, 2009. Defendants also requested greater detail regarding plaintiffs' alleged damages.

3) Plaintiffs have asked Defendants to defer mediation until after the Court rules on Defendants' motions to dismiss, citing the fact that Plaintiffs and Defendants have significant disagreement about the merits of the case.

NOW, THEREFORE IT IS HEREBY AGREED AND STIPULATED that:

The deadline for the parties to complete mediation is stayed pending the Court's ruling on Defendants' pending motions to dismiss. The Court will revisit the issue of mediation, if at all necessary, after issuing its ruling on these motions.

JOINT STIPULATED REQUEST FOR ORDER CONTINUING MEDIATION

4) Defendants do not oppose Plaintiffs' request to continue the mediation. Nor does the mediator, assuming it is acceptable to both parties and plaintiffs' request is approved by the Court.

NOW, THEREFORE IT IS HEREBY AGREED AND STIPULATED that:

The deadline for the parties to complete mediation is stayed pending the Court's ruling on Defendants' pending motions to dismiss. The Court will revisit the issue of mediation, if at all necessary, after issuing its ruling on these motions.

ORDER

Pursuant to stipulation, IT IS SO ORDERED, with the exception that the deadline is continued to February 12, 2010.

SIGNED on the 23rd day of October, 2009.

20091023

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