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Earthstone International, LLC v. Alibaba Group Holding Limited

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


May 2, 2011

EARTHSTONE INTERNATIONAL, LLC,
PLAINTIFF,
v.
ALIBABA GROUP HOLDING LIMITED, D/B/A
ALIEXPRESS, AND ALIBABA.COM,
DEFENDANTS.

The opinion of the court was delivered by: Honorable Susan Illston

KATHRYN J. FRITZ (CSB NO. 148200) kfritz@fenwick.com 2 RYAN J. MARTON (CSB NO. 223979) rmarton@fenwick.com 3 LESLIE A. KRAMER (CSB NO. 253313) lkramer@fenwick.com 4 FENWICK &WEST LLP 555 California Street, 12th Floor 5 San Francisco, CA 94104 Telephone: (415) 875-2300 6 Facsimile:(415) 281-1350 Attorneys for Defendants Alibaba Group Holding Limited and Alibaba.com

LLP

EST

AW L

STIPULATION AND [PROPOSED] RANCISCO

AN ORDER SETTING HEARING DATE PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING

ORDER

ENWICK

S A

TTORNEYS

F

AND BRIEFING SCHEDULE FOR

WHEREAS, Plaintiff Earthstone International, LLC ("Earthstone") filed its Amended Complaint for Temporary Restraining Order, Injunctive Relief and Damages on April 26, 2011 20 against Defendants Alibaba Group Holding Limited, dba AliExpress, and Alibaba.com 21 (collectively Defendants);

WHEREAS, Earthstone filed its Amended Emergency Motion for Temporary Restraining Order and for Order to Show Cause Re Preliminary Injunction (the "Motion") on April 26, 2011;

WHEREAS, the Motion was incorrectly noticed for hearing on April 4, 2011 (see Dkt. No. 10);

WHEREAS, Defendants' appearance in this action is limited to opposition of the Motion and Defendants wish to preserve their defense of insufficient service of process;

WHEREAS, subject to the Court's availability, Earthstone and Defendants have conferred and agreed that the hearing on the Motion should be rescheduled to May 6, 2011 at 9:00 a.m.;

WHEREAS, Defendants intend to file an opposition to the Motion no later than May 4, 2011; 5

NOW THEREFORE, the parties jointly stipulate that:

1. The Motion hearing is rescheduled for May 6, 2011 at 9:00 a.m.;

2. Defendants' appearance in this action is limited to opposition of the Motion and Defendants' defense of insufficient service of process is preserved;

3. Defendants will file their opposition to the Motion no later than May 4, 2011.

SO STIPULATED.

ATTESTATION PURSUANT TO GENERAL ORDER 45

I, Ryan J. Marton, attest that concurrence in the filing of this document has been obtained from any signatories indicated by a "conformed" signature (/s/) within this e-filed document.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 28th day of April 2011, at San Francisco, California.

FENWICK & WEST LLP By: /s/ Ryan J. Marton Ryan J. Marton Attorneys for Defendants Alibaba Group Holding Limited and Alibaba.com

Dated: April ___, 2011

By: 18

20110502

© 1992-2011 VersusLaw Inc.



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