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Alpha Investment, LLC v. Zynga Inc. and andrew Trader

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


April 2, 2012

ALPHA INVESTMENT, LLC,
PLAINTIFF,
v.
ZYNGA INC. AND ANDREW TRADER,
DEFENDANTS.

The opinion of the court was delivered by: Honorable Jeffrey S. White United States District Judge

[Additional counsel information listed on 15 signature page]

STIPULATED REQUEST FOR ORDER CHANGING TIME [PROPOSED ORDER SUBMITTED HEREWITH]

Stipulation Regarding Case Management Conference

WHEREAS, the initial Complaint in the above-captioned action was filed on July 15, 2011;

WHEREAS, on August 1, 2011, the Court entered an Order scheduling the Case Management Conference for October 28, 2011; 3

WHEREAS, motions to dismiss and a motion to intervene (the "Motions") were filed by Defendants Zynga Inc. and Andrew Trader ("Defendants") on August 5, 2011 and noticed for oral 5 argument on November 4, 2011; 6

WHEREAS, on September 14, 2011, the parties stipulated and agreed that, with the 7 consent of the Court, the Case Management Conference originally set for October 28, 2011 should 8 be adjourned until November 4, 2011, so as to coincide with oral argument on the Motions; 9

Motions; 12

13 rescheduling for December 16, 2011 the oral argument on the Motions and the Case Management 14

WHEREAS, on November 14, 2011, the parties stipulated and agreed that, with the 16 consent of the Court, the oral argument on the Motions and the Case Management Conference set 17 for December 16, 2011 should be adjourned until February 10, 2012, the earliest date available 18 after December 16, 2011 on which oral argument on the Motions and the Case Management 19

Zynga Inc.; 21

22 on the Motions and the Case Management Conference for February 10, 2010; 23

24 and continuing the hearing on the Motions to March 16, 2012 and the Case Management 25

WHEREAS, on March 12, 2012, the Court entered an Order granting Defendants' motions

27 to dismiss, denying Defendant Trader's motion to intervene as moot, granting Plaintiff leave to 28

amend within 20 days or by April 2, 2012, directing Defendants to answer or move to dismiss

WHEREAS, on September 15, 2011, the Court entered an Order scheduling the Case

Management Conference for November 4, 2011, immediately following oral argument on the 11

WHEREAS, on October 27, 2011, an Amended Clerk's Notice was entered in this action

Conference that had been previously scheduled for November 4, 2011; 15

Conference could be held, in order to accommodate the schedule of lead counsel for Defendant 20

WHEREAS, on November 15, 2011, the Court entered an Order scheduling oral argument

WHEREAS, on February 6, 2012, the Court entered an Order requiring further briefing Conference to March 30, 2012; 26

within 20 days of service of the amended complaint; and vacating the Case Management 2

Conference to be reset, if necessary, at a later date; 3

WHEREAS, an amended complaint in this action is being filed on April 2, 2012;

WHEREAS, due to scheduling conflicts, lead counsel for Defendant Andrew Trader is 5 unavailable between April 29, 2012 and May 13, 2012, and again between May 21, 2012 and May 6 25, 2012; and 7

WHEREAS, the parties seek the prompt resolution of this action;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between 9 the parties to this action, through the undersigned counsel of record, pursuant to Rules 6.1(b) and 10 6.2(a) of the Civil Local Rules of the United States District Court for the Northern District of 11 California, as follows: 12

1. Subject to the consent of the Court, Defendants shall answer or move to dismiss the 13 amended complaint by May 2, 2012; 14

2. Subject to the consent of the Court, if Defendants move to dismiss the amended 15 complaint, Plaintiff shall file oppositions to Defendants' motions to dismiss by May 18, 2012; 16

3. Subject to the consent of the Court, Defendants shall file replies to Plaintiff's oppositions 17 by May 30, 2012; 18

4. Subject to the consent of the Court, oral argument on the motions to dismiss the amended

June 15

complaint and the Case Management Conference shall be set for June 8, 2012. 20

5. The parties to this action enter this stipulation without prejudice to any parties' rights with 21 respect to discovery, including but not limited to a party's right to serve, object to, move to 22 compel, quash or stay discovery, or to seek further relief from the Court as appropriate. 23

PURSUANT TO STIPULATION, IT IS SO ORDERED. AS MODIFIED ABOVE, IT IS SO

DATED: April , 2012 3

ORDERED.

20120402

© 1992-2012 VersusLaw Inc.



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