UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
March 20, 2013
PERFECT 10, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
YANDEX N.V., A NETHERLANDS LIMITED LIABILITY COMPANY; YANDEX INC., A DELAWARE CORPORATION; AND YANDEX LLC, A RUSSIAN LIMITED LIABILITY CORPORATION, DEFENDANTS.
The opinion of the court was delivered by: Hon. William H. Alsup United States District Judge
STIPULATION AND [PROPOSED] ORDER EXTENDING PARTIAL SUMMARY JUDGMENT BRIEFING SCHEDULE Hon. William H. Alsup
Plaintiff Perfect 10, Inc. ("Perfect 10") and Defendants Yandex N.V., Yandex LLC, and 3 Yandex Inc. (collectively, "the Yandex Defendants"), by and through their undersigned counsel of 4 record, hereby stipulate as follows: 5
WHEREAS, on March 13, 2013, Perfect 10 filed a Motion for Partial Summary 6 Judgment/Summary Adjudication Re: (i) DMCA compliance of sample notices; (ii) ineligibility of 7 Defendants for DMCA safe harbor defense; and (iii) sufficiency of sample notices regarding 8 knowledge for contributory copyright infringement (Dkt. 105) ("Perfect 10's Motion"), which 9 Perfect 10 set for hearing on May 2, 2013; 10
WHEREAS, some of the evidence filed in support of Perfect 10's Motion was not served 11 on the Yandex Defendants until two days after the filing, on March 15, 2013; 12 13
WHEREAS, the parties need additional time to prepare and file their briefing on the 14 Perfect 10 Motion due to a number of factors, including the location of foreign Defendants 15 Yandex LLC (a Russian corporation) and Yandex N.V. (a Netherlands company) and their 16 witnesses, and the delayed service of some of the evidence filed in support of Perfect 10's Motion; 17
WHEREAS the parties wish to provide the Yandex Defendants one additional week to 18 oppose Perfect 10's Motion, so that the Yandex Defendants' Opposition shall be due on April 3, 19 2013; 20
WHEREAS the parties wish to provide Perfect 10 one additional week to file its reply, so 21 that Perfect 10's reply shall be due on April 17, 2013. 22
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the parties, 23 subject to the Court's approval, that: 24
1. The deadline for the Yandex Defendants to oppose Perfect 10's Motion shall be set for April 3, 2013;
2. The deadline for Perfect 10 to reply to the Yandex Defendants' Opposition shall be 27 set for April 17, 2013. 04769.52008/5219804.1
IT IS SO STIPULATED.
DATED: March 18, 2013 KRAUSE KALFAYAN BENINK & SLAVENS LLP By . /s/ Eric J. Benink Eric J. Benink Attorneys for Plaintiff Perfect 10, Inc.
I, Rachel Herrick Kassabian, am the ECF User whose identification and password are 3 being used to file this document. Pursuant to Local Rule 5-1(i), I hereby certify that concurrence 4 in the filing of this document and its associated papers has been obtained from the signatories 5 herein.
DATED: March 18, 2013 _/s/ Rachel Herrick Kassabian
Rachel Herrick Kassabian
PURSUANT TO THE PARTIES' STIPULATION, IT IS SO ORDERED that: 3
1. The Yandex Defendants shall oppose Perfect 10's Motion for Summary Judgment/Summary Adjudication (Dkt 105) on or before April 3, 2013;
2. Perfect 10 shall reply to Yandex's Opposition on or before April 17, 2013.
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