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STIPULATION AND [PROPOSED] ORDER
REALIGNING PARTIES AND WITHDRAWING
MOTION TO TRANSFER/STAY
Case No: C 04 01497 RS
DAVID H. KRAMER, State Bar No. 168452
DAVID L. LANSKY, State Bar No. 199952
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: (650) 493-9300
Facsimile: (650) 565-5100
Attorneys for Plaintiff
Google Inc.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
GOOGLE INC.,
Plaintiff,
v.
DIGITAL ENVOY, INC.,
Defendant.
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CASE NO.: C 04 01497 RS
STIPULATION AND
ORDER REALIGNING PARTIES
AND WITHDRAWING MOTION
TO TRANSFER AND/OR STAY
The parties, through their undersigned counsel, stipulate and agree as follows:
1.
Digital Envoy’s pending motion to dismiss for improper venue or, in the
alternative, to stay the instant action is hereby withdrawn and the associated hearing date is
hereby vacated;
2.
Digital Envoy is hereby reclassified as the plaintiff/counterdefendant in this action
and the counterclaims asserted against Google in Digital Envoy’s Answer are hereby reclassified
as Digital Envoy’s claims against Google;
3.
Google is hereby reclassified as the defendant/counterclaimant in this action and
the claims asserted against Digital Envoy in Google’s Complaint are hereby reclassified as
Google’s counterclaims against Digital Envoy;
Case 5:04-cv-01497-RS Document 22 Filed 06/28/2004 Page 1 of 3
Digital Envoy Inc., v. Google Inc.,
Doc. 22
Dockets.Justia.com
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STIPULATION AND [PROPOSED] ORDER
REALIGNING PARTIES AND WITHDRAWING
MOTION TO TRANSFER/STAY
Case No: C 04 01497 RS
-2-
4.
On a going forward basis, the caption of this litigation will be modified to reflect
the realignment of p