Professional Documents
Culture Documents
1 Plaintiff Rocky Mountain Bank (the “Bank”), by and through its undersigned
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counsel, and Defendant Google Inc. (“Google”), by and through its undersigned
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8 (1) On September 24, 2009, Google lodged a Report with the Court in
9 response to, and in compliance with, the Court’s September 23, 2009 Order
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Granting Temporary Restraining Order (the “TRO”).
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12 (2) In light of the Report the parties are in agreement that the relief
13 requested in connection with the Bank’s motion for preliminary injunction is now
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moot and the Hearing may be vacated. In light of Google’s compliance with the
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16 TRO, the parties also agree that the TRO should be vacated, allowing the Gmail
17 Account to be reactivated to allow the user access to the account.
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WHEREFORE, the parties request that the Court vacate the Hearing
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20 currently scheduled for September 28, 2009 at 9:00 a.m. and vacate the TRO.
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Should the Court not enter the Order Granting Stipulated Motion To Vacate
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Hearing On Plaintiff's Motion For Preliminary Injunction And To Vacate
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24 Temporary Restraining Order, the parties stipulate and hereby request that the
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Court continue the September 28, 2009 hearing on Plaintiff's Motion For
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Preliminary Injunction to October 1, 2009, or such later date that is convenient for
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STIPULATED MOTION TO VACATE HEARING ON PLAINTIFF’S MOTION FOR PRELMINARY
INJUNCTION AND TO VACATE TEMPORARY RESTRAINING ORDER
CASE NO. 5:09-CV-04385 JW
4835-4594-6884.1
Case5:09-cv-04385-JW Document28 Filed09/25/09 Page3 of 3
1 the Court, and permit the parties to fully brief the matter.
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Respectfully submitted this 25th day of September, 2009.
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PERKINS COIE LLP KUTAK ROCK LLP
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By: /s/ Troy P. Sauro By: /s/ Grace Y. Horoupian
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Troy P. Sauro Grace Y. Horoupian
7 ATTORNEYS FOR DEFENDANT ATTORNEYS FOR PLAINTIFF
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GOOGLE INC. ROCKY MOUNTAIN BANK
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STIPULATED MOTION TO VACATE HEARING ON PLAINTIFF’S MOTION FOR PRELMINARY
INJUNCTION AND TEMPORARY RESTRAINING ORDER
CASE NO. 5:09-CV-04385 JW_______
4835-4594-6884.1
Case5:09-cv-04385-JW Document29 Filed09/25/09 Page1 of 2
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ORDER GRANTING STIPULATED MOTION TO VACATE HEARING ON PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION AND TO VACATE TEMPORARY RESTRAINING ORDER
CASE NO. 5:09-CV-04385 JW
4815-5339-0340.1
Case5:09-cv-04385-JW Document29 Filed09/25/09 Page2 of 2
8 Hearing scheduled for September 28, 2009 is vacated and the TRO entered on
9 September 23, 2009 is vacated.
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IT IS SO ORDERED.
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12 DONE this ______ day of ______________, 2009.
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BY THE COURT
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THE HONORABLE DISTRICT COURT
16 JUDGE JAMES WARE
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ORDER GRANTING STIPULATED MOTION TO VACATE HEARING ON PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION AND TO VACATE TEMPORARY RESTRAINING ORDER
CASE NO. 5:09-CV-04385 JW
4834-3217-6388.1
Case5:09-cv-04385-JW Document30 Filed09/25/09 Page1 of 3
1 Plaintiff Rocky Mountain Bank (the “Bank”), by and through its undersigned
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counsel, and Defendant Google Inc. (“Google”), by and through its undersigned
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4 counsel, hereby notify the Court that the dispute is resolved, and Plaintiff intends to
16 requested in connection with the Bank’s motion for preliminary injunction is now
17 moot and the Hearing may be vacated. In light of Google’s compliance with the
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TRO, the parties also agree that the TRO should be vacated, allowing the Gmail
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7 By: /s/ Troy P. Sauro By: /s/ Neil L. Arney
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Troy P. Sauro Neil L. Arney
ATTORNEYS FOR DEFENDANT ATTORNEYS FOR PLAINTIFF
9 GOOGLE INC. ROCKY MOUNTAIN BANK
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41063-0024/LEGAL17029843.1 -2-
STIPULATED MOTION TO VACATE HEARING ON PLAINTIFF’S MOTION FOR PRELMINARY
INJUNCTION AND TEMPORARY RESTRAINING ORDER
CASE NO. 5:09-CV-04385 JW_______
4835-4594-6884.1
Case5:09-cv-04385-JW Document31 Filed09/25/09 Page1 of 2
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ORDER GRANTING STIPULATED MOTION TO VACATE HEARING ON PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION AND TO VACATE TEMPORARY RESTRAINING ORDER
CASE NO. 5:09-CV-04385 JW
4815-5339-0340.1
Case5:09-cv-04385-JW Document31 Filed09/25/09 Page2 of 2
8 Hearing scheduled for September 28, 2009 is vacated and the TRO entered on
9 September 23, 2009 is vacated.
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IT IS SO ORDERED.
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12 DONE this ______ day of ______________, 2009.
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BY THE COURT
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THE HONORABLE DISTRICT COURT
16 JUDGE JAMES WARE
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ORDER GRANTING STIPULATED MOTION TO VACATE HEARING ON PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION AND TO VACATE TEMPORARY RESTRAINING ORDER
CASE NO. 5:09-CV-04385 JW
4834-3217-6388.1