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Yelp, Inc., A Delaware Corporation v. Continuance Datafiniti LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 4, 2012

YELP, INC., A DELAWARE CORPORATION
PLAINTIFF,
v.
CONTINUANCE DATAFINITI LLC, A TEXAS LIMITED LIABILITY COMPANY, D/B/A 80LEGS; SHION DEYSARKAR, AN INDIVIDUAL, AND DOES 1-50, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Donna M. Ryu United States Magistrate Judge

JOINT STATUS REPORT AND JOINT REQUEST FOR FURTHER

Per the Court's September 21, 2012 order (doc. no. 26), Plaintiff YELP, INC. ("Yelp") and defendants DATAFINITI LLC ("Datafiniti") and SHION DEYSARKAR 20 submit the following Status Report, and request a further continuance of the October 21 25, 2012 Case Management Conference in order to finalize their settlement. 22 1. On June 21, 2012, and again on July 30, 2012 the Court granted the parties' 23 joint requests for stays and continuances to allow settlement discussions (doc. nos 23 & 24 25.) 25

2. The parties have been engaged in continuous settlement discussions, which are now very close to final. The parties have agreed on most terms and are finalizing the 27 last non-monetary terms of settlement.

3. The parties believe that the settlement discussions are likely to be concluded by 2 the end of October, 2012. 3

4. Therefore, the parties, by and through their attorneys of record, hereby jointly 4 request this Court to grant an additional stay of the pending hearing dates and other 5 deadlines. 6

5. The effect of such an order would be to continue the Initial Case Management Conference and the hearing on defendants' motion for at least sixty (60) days, and to 8 similarly extend the deadlines set forth in the Court's Order Setting Initial Case 9 Management Conference and ADR Deadlines (doc. no. 3). 10

6. Consequently, the parties jointly move that the Court issue an order staying 11 this case for a period of sixty (60) days in order to allow the parties the opportunity to 12 resolve all matters in dispute by settlement. 13

SO STIPULATED:

Dated: October __, 2012. MITCHELL, HERZOG & KLINGSPORN LLP 15 16 By ___________/s/___________________ GREGORY K. KLINGSPORN 17 Attorneys for DATAFINITI LLC and 18 SHION DEYSARKAR 19 20 Dated: October __, 2012. LEWIS & LLEWELLYN LLP 21 22 By ___________/s/___________________ MARC R. LEWIS 23 Attorneys for YELP, INC.

[Proposed] ORDER

The court having reviewed the joint status report and request for stay filed by 3 plaintiff YELP, INC. and defendants DATAFINITI, LLC and SHION DEYSARKAR, 4 and good cause appearing therefor: 5

IT IS HEREBY ORDERED that the Motion for 60-day Stay and Continuance is GRANTED. The hearing on Defendants' motion to dismiss or, in the alternative, 7 transfer venue is continued to Dec. 27, 2012 at 11:00 a.m. The case management 8 conference is also continued to Dec. 27, 2012 at 11:00 a.m., and the case 9 management and ADR deadlines are continued accordingly. 10 SO ORDERED.

20121004

© 1992-2012 VersusLaw Inc.



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