Filed: May 05, 2014
Latest Update: May 05, 2014
Summary: ORDER AND JOINT REQUEST TO CONTINUE MAY 9, 2014 CASE MANAGEMENT CONFERENCE CHARLES R. BREYER, District Judge. WHEREAS, on May 16, 2013, Plaintiff Tagged, Inc. ("Plaintiff") filed the Complaint initiating this action and asserting various claims against Defendant Rostislav Goldenberg ("Goldenberg") including: (1) Violation of CAN-SPAM, 15 U.S.C. 7701, et seq.; (2) Violation of CFAA, 18 U.S.C. 1030; (3) Violation of Cal. Bus. & Prof. Code 17529.5; (4) Violation of Cal. Penal Code 502;
Summary: ORDER AND JOINT REQUEST TO CONTINUE MAY 9, 2014 CASE MANAGEMENT CONFERENCE CHARLES R. BREYER, District Judge. WHEREAS, on May 16, 2013, Plaintiff Tagged, Inc. ("Plaintiff") filed the Complaint initiating this action and asserting various claims against Defendant Rostislav Goldenberg ("Goldenberg") including: (1) Violation of CAN-SPAM, 15 U.S.C. 7701, et seq.; (2) Violation of CFAA, 18 U.S.C. 1030; (3) Violation of Cal. Bus. & Prof. Code 17529.5; (4) Violation of Cal. Penal Code 502; (..
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ORDER AND JOINT REQUEST TO CONTINUE MAY 9, 2014 CASE MANAGEMENT CONFERENCE
CHARLES R. BREYER, District Judge.
WHEREAS, on May 16, 2013, Plaintiff Tagged, Inc. ("Plaintiff") filed the Complaint initiating this action and asserting various claims against Defendant Rostislav Goldenberg ("Goldenberg") including: (1) Violation of CAN-SPAM, 15 U.S.C. § 7701, et seq.; (2) Violation of CFAA, 18 U.S.C. § 1030; (3) Violation of Cal. Bus. & Prof. Code § 17529.5; (4) Violation of Cal. Penal Code § 502; (5) Fraud; and (6) Violation of Cal. Bus. & Prof. Code § 17200;
WHEREAS, on December 10, 2013, Plaintiff filed the First Amended Complaint, substituting for one of the named affiliate program Doe Defendants Mundo Media, Ltd. ("Mundo Media"), and asserting the same claims as those identified above;
WHEREAS, on April 16, 2014, Plaintiff filed the Second Amended Complaint, substituting for one of the Doe Defendants DG International, Ltd. ("DG"), and asserting the same claims as those identified above;
WHEREAS, Mundo Media has yet to make an appearance in this action;
WHEREAS, Plaintiff is in the process of serving DG;
WHEREAS, Plaintiff and Goldenberg have entered into a settlement agreement whereby
Goldenberg has covenanted that he will refrain from accessing Tagged's website and systems, will refrain from engaging in any spamming activity as alleged in the complaints, and will assist Tagged in its investigation of the spamming attacks;
WHEREAS, Plaintiff has dismissed Goldenberg in his individual capacity without prejudice; and
WHEREAS, Plaintiff and Mundo Media are engaged in confidential settlement negotiations, and Plaintiff believes that in order to effectuate those negotiations, avoid unnecessary costs and fees, and preserve judicial resources, the Case Management Conference currently scheduled for May 9, 2014, should be postponed by at least 30 days, to June 9, 2014, or as soon thereafter as is convenient for the Court.
NOW THEREFORE, Plaintiff and Mundo Media respectfully request for the same foregoing reasons and pursuant to the Court's Standing Order No. 4, the Case Management Conference currently scheduled for May 9, 2014 be continued 30 days, until June 5, 2014, or any time thereafter subject to the convenience of the Court. MORGAN, LEWIS & BOCKIUS LLP Brian M. Jazaeri Attorneys for Defendant Mundo Media, Ltd.
ORDER
The Court has considered the joint stipulation of the parties and finds good cause exists to postpone the Case Management Conference currently scheduled for May 9, 2014 to June 6, 2014.
IT IS SO ORDERED.
