September 5, 2013
BLACKHAWK NETWORK, INC. an Arizona Corporation, Plaintiff,
GIFTANGO LLC, a Delaware limited liability company, and GIFTANGO CORPORATION, an Oregon corporation, Defendants.
PETER E. MASAITIS (State Bar No. 202006), BRIAN PARK (State Bar No. 260304), ALSTON & BIRD LLP, Los Angeles, California, Attorneys for Defendants, GIFTANGO LLC, and GIFTANGO CORPORATION.
GREEN, PEFFER, SALLANDER & LALLY LLP JOHN P. MAKIN, Attorneys for Plaintiff, BLACKHAWK NETWORK, INC.
STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND EXTEND TIME TO RESPOND TO COMPLAINT
SUSAN ILLSTON, District Judge.
Plaintiff Blackhawk Network, Inc. ("Plaintiff") and defendants Giftango LLC and Giftango Corporation ("Defendants") (Plaintiff and Defendants shall collectively be referred to herein as the "Parties") hereby agree and stipulate as follows:
1. On February 26, 2013, Plaintiff filed the instant action against Defendants in the United States District Court for the Northern District of California. The Complaint was thereafter served on Defendants on March 4, 2013.
2. Defendants' response to the Complaint was originally due on March 25, 2013.
3. After the Complaint was filed, the Parties began negotiating an informal resolution of the instant action, as well as other related actions between the Parties, and in order to allow the Parties time to conclude those negotiations, the Parties agreed to extend the time for Defendants to respond to the Complaint.
4. The time for Defendants to respond to the Complaint was most recently continued to August 30, 2013, and in that stipulation, dated June 10th, the parties also stipulated to the continuance of the Case Management Conference from June 14, 2013 to September 6, 2013.
5. The Parties expected to have a settlement agreement executed before today's deadline for Defendants to respond to the Complaint, but have determined that a term of that agreement requires further negotiation. In order to allow the Parties time to conclude those negotiations without incurring additional costs to litigate this case, the Parties have agreed to further extend the time for Defendants to respond to the Complaint and for the Case Management Conference.
NOW THEREFORE, the Parties hereby agree and stipulate that Defendants shall have up to and including September 13, 2013 to respond to the Complaint; and
The Parties further suggest and request that in order to avoid additional costs or imposition on the Court's time and resources, that the Case Management Conference should be continued to 2:30 p.m., Friday, September 20, 2013.
Having reviewed the Parties' Stipulation, and good cause having been shown, the Court orders that the Case Management Conference in this matter shall be continued to 2:30pm on September 20, 2013, and Defendants' time to respond to the Complaint shall be extended until September 13, 2013.