Wordtech Systems, Inc. v. Microtech Systems, Inc. et al

Filing 26

STIPULATION AND ORDER Case Management Conference continuid to 2/9/2009 04:00 PM before the Hon. Marilyn Hall Patel; Signed by Judge Marilyn Hall Patel on 11/25/2008. (awb, COURT-STAFF) (Filed on 11/25/2008)

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CHRISTIAN J. MARTINEZ (CA State Bar No. 215360) 2500 Dean Lesher Drive, Suite A Concord, CA 94520 Telephone: [phone] Facsimile: [phone] [e-mail] RICHARD ESTY PETERSON (CA State Bar No. 41013) 1905-D Palmetto Avenue Pacifica, CA 94044 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiff WORDTECH SYSTEMS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION WORDTECH SYSTEMS INC., Case No.: C-08-04027 MHP STIPULATION AND ORDER THEREON; JOINT DECLARATION UNDER LR 6-2

14 Plaintiff, 15 v. 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND ORDER THEREON (CASE NO. C-08-04027 MHP) - 1

MICROTECH SYSTEMS, INC., a California corporation, CORWIN NICHOLS, AT EASE COMPUTING, INC., BROWARD MICROFILM, INC., BUSINESS TEK, INC., CRANEL, INC. d/b/a CRANEL IMAGING, ELECTRIC PICTURE COMPANY, INC., d/b/a TAPEONLINE, GRA PACKAGING SERVICES OF ROCHESTER, INC d/b/a SPINERGY, MASTER RECORDING SUPPLY, INC., PROACTION NETWORK, LLC., d/b/a PROACTION MEDIA, RESOURCE DATA PRODUCTS INC., SAS-WEBTRONICS, STORAGE HEAVEN, TERA-STORAGE SOLUTION, INC., THE TAPE COMPANY LLC and DOES 1-15, Defendants.

JUDGE: HON. MARILYN HALL PATEL TRIAL DATE: NONE

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WHEREAS eight of fifteen defendants have been served and the Complaint and Summons are still out for service for the remaining defendants; WHEREAS the case management conference is currently set for Monday, January 5, 2009 at 4:00 p.m.; WHEREAS it is anticipated that Hornstein Law Offices, Prof. Corp. will represent multiple defendants and in the interest of judicial economy and economy to the parties, may file a combined response on behalf of several defendants once all defendants have been served; WHEREAS a Joint Declaration under LR 6-2 is appended hereto; THEREFORE, THE PARTIES HEREBY STIPULATE that the case management conference currently set for January 5, 2009 be continued to Monday, February 9, 2009. Plaintiff WORDTECH further stipulates that Hornstein Law Offices, Prof. Corp. may file one or more combined response(s) on behalf of the several defendants it represents, or will represent, 20-days after service of the last of the defendants it represents, or will represent, regardless of when the preceding defendants were actually served. s/ Christian J. Martinez /s Christian J. Martinez Attorney for Plaintiff

s/ Val D. Hornstein /s Val D. Hornstein Attorney for Defendants, Microtech Systems, Corwin Nichols and yet to be determined other defendants

GOOD CAUSE EXISTS AND IT IS HEREBY ORDERED THAT the case management 23 conference currently set for Monday, January 5, 2009 is continued to Monday, February 9, 2009 at 24 25 26 27 28

IC SD 4:00 p.m. A Joint Case Management Statement is due ten days prior to the conference. T TE
UNIT ED
IT IS SO ORDERED.

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11/24/2008

Judge Marilyn Hall Patel

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JOINT DECLARATION OF VAL D. HORNSTEIN & CHRISTIAN J. MARTINEZ RE PROPOSED ORDER (LR 6-2) 1. I, Christian J. Martinez, am counsel of record for plaintiff Wordtech Systems Inc. I

have personal knowledge of the matters set forth in this declaration and could and would competently
testify thereto. Eight of fifteen defendants have been served in this case.

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I, Val D. Hornstein, am counsel of record for defendants Microtech Systems Inc. and

Corwin Nichols. I have personal knowledge of the matters set forth in this declaration and could and would competently testify thereto. It is anticipated that my firm will represent many, if not all, of the
remaining defendants in this case. 3. The parties, through their counsel, believe that judicial economy and economy to the

parties will be best served if Hornstein Law Offices, Prof. Corp. may file one or more combined

response(s) on behalf of the several defendants it anticipates representing, 20-days after service of the last of the defendants it represents, or may represent, regardless of when the preceding defendants were actually served. Accordingly, the parties also believe that the Initial CMC should be continued from January 5, 2009 to February 9, 2009 in order to permit the service and response of the remaining defendants and to permit a more meaningful CMC meet and confer process involving all parties to the action. 4. There have been no previous time modifications in this case except from December 16,

2008 to January 5, 2009 upon reassignment from Magistrate Judge Patricia V. Trumbull to Judge 22 23 24 25 26 27 28
STIPULATION AND ORDER THEREON (CASE NO. C-08-04027 MHP) - 3

Marilyn Hall Patel. 5. Since the case is in its earliest phase and without a case management schedule or trial

date, the requested time modification should have no material impact on the case or case schedule. // //

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I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed at Concord, CA on November 21, 2008.

s/ Christian J. Martinez /s Christian J. Martinez Attorney for Plaintiff

I declare under penalty of perjury under the laws of the United States that the foregoing is true 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND ORDER THEREON (CASE NO. C-08-04027 MHP) - 4

and correct. Executed at San Francisco, CA on November 21, 2008.

s/ Val D. Hornstein /s (as authorized on November 21, 2008 by email) Val D. Hornstein Attorney for Defendants, Microtech Systems, Corwin Nichols and yet to be determined other defendants