Oracle USA, Inc. et al v. Qtrax, Inc.

Filing 50

STIPULATION AND ORDER 36 MOTION to Set Aside Default 30 AND 33 , 41 Amended MOTION to Set Aside Default. Responses due by 6/16/2010. Replies due by 6/25/2010. Motion Hearing set for 7/14/2010 02:00 PM.. Signed by Judge ARMSTRONG on 6/17/10. (lrc, COURT STAFF) (Filed on 6/18/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GARY R. GLEASON (SB# 136167) MARGARET A. BURTON (SB#193386) FARBSTEIN & BLACKMAN A Professional Corporation 411 Borel Avenue, Suite 425 San Mateo, California 94402-3518 Telephone: (650) 554-6200 Facsimile: (650) 554-6240 grg@farbstein.com pab@farbstein.com DEBORAH KAY MILLER (SB #95527) ROBERT L. McKAGUE (SB#187461) ORACLE USA, INC. 500 Oracle Parkway Redwood City, California 94065 Telephone: (650) 506-5200 Facsimile: (650) 506-7114 deborah.miller@oracle.com bob.mckague@oracle.com Attorneys for Plaintiffs ORACLE USA, INC. and ORACLE INTERNATIONAL CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA-OAKLAND DIVISION ) ) ORACLE USA, INC., a Colorado corporation, ) ) and ORACLE INTERNATIONAL CORPORATION, a California corporation, ) ) ) ) Plaintiffs, ) ) vs. ) QTRAX, INC., a Delaware corporation, and ) ) DOES 1 through 10, inclusive, ) ) Defendants. ___________________________________ ) ) CASE NO. 4:09-cv-03334-SBA SECOND STIPULATION TO CONTINUE DEADLINE FOR FILING OPPOSITION & REPLY BRIEFS RE: QTRAX'S MOTION TO SET ASIDE DEFAULT Date: June 29, 2010 Time: 1:00 p.m. Courtroom: 3 Filed: July 21, 2009 1 _____________________________________ STIP. TO CONT. DEADLINE FOR FILING OPP. & REPLY BRIEFS RE: QTRAX'S MOTION TO SET ASIDE DEFAULT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RECITALS WHEREAS Counsel for ORACLE USA, INC. and ORACLE INTERNATIONAL CORPORATION ("Oracle") had suffered a personal loss during two weeks ago; WHEREAS this has impacted the preparation of Oracle's opposition to defendant QTRAX, INC. ("Qtrax") Motion to Set Aside Default; WHEREAS in pressing to get this brief and other matters taken caught up to date, counsel worked last week to prepare the opposition in this matter; WHEREAS, as the opposition papers were being finalized for filing on Friday, June 11, 2010 pursuant to the Court's extension of time, but were contaminated by a macro virus while tables of contents and authorities were being created, and had to be completely re-created; WHEREAS Counsel for Qtrax is amenable to extending the time to file the Opposition to the motion; and WHEREAS the moving and opposition briefs are relatively short (6 pages and approximately 12 pages, respectively) IT IS HEREBY STIPULATED: 1. 2. \\\ \\\ \\\ 3. That the parties will request that the hearing date will remain set for June 29, 2010 at 1:00 p.m. or to a date as near thereto as possible. 2 _____________________________________ STIP. TO CONT. DEADLINE FOR FILING OPP. & REPLY BRIEFS RE: QTRAX'S MOTION TO SET ASIDE DEFAULT That the parties will request that the opposition deadline be extended to and including Wednesday, June 16, 2010; That the parties will request that the deadline for the reply be extended to Friday June 25, 2010; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 _____________________________________ STIP. TO CONT. DEADLINE FOR FILING OPP. & REPLY BRIEFS RE: QTRAX'S MOTION TO SET ASIDE DEFAULT DATED: June 7, 2010 FARBSTEIN & BLACKMAN A Professional Corporation By__________________/s/_________________ Gary R. Gleason Attorneys for Plaintiffs ORACLE USA, INC and ORACLE INTERNATIONAL CORPORATION DATED: June 7, 2010 TRUMP, ALIOTO, TRUMP & PRESCOTT, LLP By__________________/s/_________________ Daphne C. Lin Attorneys for Defendant QTRAX, INC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER Having considered the attached stipulation to continue the deadlines for filing briefs in relation to defendant QTRAX, INC.'s Motion to Set Aside Default, and good cause therefrom appearing, IT IS HEREBY ORDERED: 1. 2010; 2. 3. That the deadline for the reply be extended to Friday, June 25, 2010. The hearing on the motion and the case management conference currently That the opposition deadline is extended to and including Wednesday, June 16, scheduled for June 29, 2010 are CONTINUED to July 14, 2010 at 2:00 p.m. Pursuant to Federal Rule of Civil Procedure 78(b), the Court may resolve the motion without oral argument. The parties are advised the check the Court's website to determine whether an appearance on the motion and case management conference is required. IT IS SO ORDERED. Dated: 6/17/10 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 4 _____________________________________ STIP. TO CONT. DEADLINE FOR FILING OPP. & REPLY BRIEFS RE: QTRAX'S MOTION TO SET ASIDE DEFAULT