Cheetah Mobile, Inc. et al v. Apus Group

Northern District of California, cand-4:2015-cv-02363

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{64}} Stipulation Modifying Briefing Schedule and Hearing Date.

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1 Keith Slenkovich (CA Bar No. 129793) keith.slenkovich@wilmerhale.com 2 WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road 3 Palo Alto, CA 94304 Tel. (650) 858-6000 4 Fax (650) 858-6100 5 Vinita Ferrera (pro hac vice motion to be filed) vinita.ferrera@wilmerhale.com 6 WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street 7 Boston, MA 02109 Tel. (617) 526-6000 8 Fax (617) 526-5000 9 Attorneys for Plaintiffs Cheetah Mobile Inc., Cheetah Mobile America, Inc., and 10 Cheetah Technology Corporation Limited 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 CHEETAH MOBILE INC., Case No. 3:15-cv-02363 HSG 15 CHEETAH MOBILE AMERICA, INC., JOINT STATEMENT 16 CHEETAH TECHNOLOGY CORPORATION REGARDING STATUS OF LIMITED SERVICE AND STIPULATION 17 REGARDING BRIEFING AND Plaintiffs, HEARING DATES FOR 18 PARTIES' MOTIONS vs. 19 APUS GROUP, 20 Defendant. 21 22 The parties submit this joint filing for two reasons. First, pursuant to the October 21, 23 2015 order (Dkt. 57), Plaintiffs Cheetah Mobile Inc., Cheetah Mobile America, and Cheetah 24 Technology Corporation Limited ("Cheetah Mobile") and Defendant APUS Group ("APUS") 25 jointly submit this statement regarding the status of service of the Complaint, Summons, and 26 other required papers on APUS in the above-captioned action. 27 28 Joint Statement Regarding Status of Service and Stipulation Regarding Briefing and Hearing Dates Case No. 3:15-cv-02363 HSG -1- 1 Second, Cheetah Mobile has filed a Motion to Serve Defendant by Alternative Means 2 (Dkt. 58-63) and APUS intends to file a Cross-Motion to Dismiss for Lack of Service. The 3 parties propose below a stipulated briefing schedule for those two motions. Relatedly, the Court 4 has currently scheduled a 2:00 p.m. hearing on March 31, 2016 for a "further hearing on 5 Defendant's motion to dismiss [Dkt. 24]." See Dkt. 57 at 2-3. The parties jointly request that 6 this March 31 hearing instead be used to address the parties' motions relating to service, and that 7 the Court and parties address at that time whether and when to conduct any "further hearing on 8 Defendant's motion to dismiss [Dkt. 24]." This request is also addressed in the below proposed 9 stipulated schedule. 10 I. STATUS OF SERVICE ON APUS 11 The Court's October 21, 2015 Order Quashing Service and Granting Stipulation states: 12 The Court QUASHES service and EXTENDS Plaintiffs' 13 deadline to properly effectuate service to February 15, 2016. Within five days of the date service is completed or the deadline to 14 complete service, whichever comes first, the parties shall file a 15 joint statement notifying the Court of the status of service. Additionally, the Court GRANTS the parties' stipulation [Dkt. 56] 16 and sets a further hearing on Defendant's motion to dismiss on 17 March 31, 2016 at 2:00 p.m. in Courtroom 15, 18th Floor, 450 Golden Gate Avenue, San Francisco. The parties shall meet and 18 confer and file supplemental briefs in accordance with the schedule 19 laid out in their stipulation. 20 (Dkt. 57 at 2-3.) 21 While Cheetah Mobile has taken efforts to serve APUS in China via the Hague 22 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or 23 Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638 (1969) ("Hague Convention"), those 24 efforts have not to date been successful. On December 15, 2015, Cheetah Mobile received a 25 formal Certificate of Non-Service from the Chinese Ministry of Justice dated November 16, 26 2015, confirming that the Chinese Central Authority had attempted but failed to effect service on 27 APUS. 28 Joint Statement Regarding Status of Service and Stipulation Regarding Briefing and Hearing Dates Case No. 3:15-cv-02363 HSG -2- 1 Since then counsel for the parties conferred but were unable to agree on an alternative 2 method of service on APUS. Cheetah Mobile's position as to those efforts is stated in its Motion 3 to Serve Defendant by Alternative Means (Dkt. 58-63). APUS will state its position in its 4 opposition and Cross-Motion to Dismiss for Lack of Service, which will be filed pursuant to the 5 below schedule, subject to Court approval. 6 II. PROPOSED SCHEDULING 7 Beginning February 11, 2016, counsel for the parties have conferred regarding the 8 briefing and hearing schedules for Cheetah Mobile's motion (Dkt. 63), APUS' anticipated 9 motion to dismiss for lack of service, and APUS' pending motion to dismiss (Dkt. 24). As a 10 result of these efforts, the parties have agreed to the following schedule to accommodate the 11 current motion activity, if it is acceptable to the Court. In light of the current motion practice 12 regarding the service issue, it would not make sense for the Court and the parties to address 13 APUS' previously filed Motion to Dismiss (Dkt. 24)—which addresses personal jurisdiction, 14 forum non conveniens, and Rule 12(b)(6) issues—until after service is resolved. 15 Pursuant to Civil Local Rule 6-2, the parties to this action respectfully submit the 16 following Joint Stipulation regarding Briefing and Hearing Dates for Parties' Motions. The 17 proposed schedule would keep the currently calendared March 31, 2016 hearing date to address 18 the motions regarding service, and would allow the parties and the Court to address at that time 19 whether and when to conduct a hearing on APUS' previously filed Motion to Dismiss (Dkt. 24). 20 February 25, 2016 APUS files its opposition to Cheetah Mobile's motion 21 and new cross-motion to dismiss for failure to serve. 22 March 14, 2016 Cheetah Mobile files its reply and opposition to APUS' new cross-motion to dismiss 23 March 21, 2016 APUS files its reply for its new cross-motion to dismiss March 31, 2016 Consolidated hearing on service motions; case 24 management conference to address timing for any remaining pending motions 25 26 Respectfully submitted, 27 28 Joint Statement Regarding Status of Service and Stipulation Regarding Briefing and Hearing Dates Case No. 3:15-cv-02363 HSG -3- 1 Dated: February 19, 2016 WILMER CUTLER PICKERING HALE AND DORR LLP 2 By: /s/ Keith Slenkovich 3 Keith Slenkovich (CA Bar No. 129793) keith.slenkovich@wilmerhale.com 4 WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road 5 Palo Alto, CA 94304 Tel. (650) 858-6000 6 Fax (650) 858-6100 7 Vinita Ferrera (pro hac vice motion to be filed) 8 vinita.ferrera@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 9 60 State Street Boston, MA 02109 10 Tel. (617) 526-6000 Fax (617) 526-5000 11 Attorneys for Plaintiffs Cheetah Mobile Inc., Cheetah Mobile 12 America, Inc., and Cheetah Technology Corporation Limited 13 Dated: February 19, 2016 KEKER & VAN NEST LLP 14 15 By: /s/Ajay S. Krishnan Stuart L. Gasner 16 Sgasner@kvn.com Ajay S. Krishnan 17 Akrishnan@kvn.com David W. Rizk 18 Drizk@kvn.com KEKER & VAN NEST LLP 19 633 Battery Street San Francisco, CA 94111-1809 20 Tel. (415) 391-5400 Fax: (415) 397-7188 21 22 23 Pursuant to Civil Local Rule 5-1(i)(3), counsel for Plaintiffs has obtained the 24 concurrence of Defendant's counsel in the filing of this Joint Statement and Stipulation. 25 26 27 Dated: /s/ Keith Slenkovich Keith Slenkovich 28 Joint Statement Regarding Status of Service and Stipulation Regarding Briefing and Hearing Dates Case No. 3:15-cv-02363 HSG -4- 1 PURSUANT TO STIPULATION, IT IS SO ORDERED. 2 3 Dated: February 19, 2016 ________________________________ 4 The Honorable Haywood S. Gilliam, Jr. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Joint Statement Regarding Status of Service and Stipulation Regarding Briefing and Hearing Dates Case No. 3:15-cv-02363 HSG -5-