Think Village-Kiwi, LLC v. Adobe Systems, Inc. et al

Filing 240

ORDER Case Management Conference set for 7/2/2010 03:00 PM.ALL TRIAL DEADLINES VACATEDMotions terminated: 221 MOTION to Exclude Testimony and Strike the Expert Reports of Clifford Kupperberg filed by ThinkVillage-Kiwi, LLC, 225 MOTION to Exclude testimony of plaintiff's expert Charles Kuyk filed by Adobe Systems, Inc., Adobe Macromedia Software LLC, 224 MOTION to Exclude testimony of plaintiff's expert Ronald Jost and Charles Kuyk filed by Adobe Systems, Inc., Adobe Macromedia So ftware LLC, 211 MOTION in Limine [Daubert Motion] re Defendants' Notice of Motion and Motion to Exclude Testimony of Plaintiff's Expert Charles Kuyk [MANUAL FILING NOTIFICATION] MOTION in Limine [Daubert Motion] re Defendants� 39; Notice of Motion and Motion to Exclude Testimony of Plaintiff's Expert Charles Kuyk [MANUAL FILING NOTIFICATION] filed by Adobe Systems, Inc., Adobe Macromedia Software LLC, 202 MOTION in Limine [Daubert Motion] re Plaintiff's Motion to Preclude Defendants' Use of Evidence Related to Barry Hills MOTION in Limine [Daubert Motion] re Plaintiff's Motion to Preclude Defendants' Use of Evidence Related to Barry Hills filed by ThinkVillage-Kiwi, LLC, [2 34] MOTION to Seal Plaintiff's Opposition to Defendants' Motion to Exclude Testimony of Plaintiff's Expert Ronald Jost and Exhibits B, C and D in Support to Plaintiff's Opposition filed by ThinkVillage-Kiwi, LLC, 223 MOTI ON to Preclude defendants' use of evidence related to Barry Hills filed by ThinkVillage-Kiwi, LLC, 203 MOTION in Limine ThinkVillage-Kiwi, LLC's Motion to Exclude Testimony and Strike the Expert Reports of Clifford Kupperberg filed by ThinkVillage-Kiwi, LLC, 236 Administrative Motion to File Under Seal Defendants Opposition To Plaintiffs Motion To Preclude Defendants Use Of Evidence Related To Barry Hills; Defendants Opposition To Plaintiffs Motion To Exclude Testimony An d Strike The Expert Reports Of Clif filed by Adobe Systems, Inc., Adobe Macromedia Software LLC, 238 MOTION for Leave to File Under Local Rule 7.9 Motion for Reconsideration Based on Change of Law filed by Adobe Systems, Inc., Adobe Macromed ia Software LLC, 210 MOTION in Limine [Daubert Motion] re Defendants' Notice of Motion and Motion to Exclude Testimony of Plaintiff's Expert Ronald Jost [MANUAL FILING NOTIFICATION] MOTION in Limine [Daubert Motion] re Defendant s' Notice of Motion and Motion to Exclude Testimony of Plaintiff's Expert Ronald Jost [MANUAL FILING NOTIFICATION] filed by Adobe Systems, Inc., Adobe Macromedia Software LLC, 230 MOTION to Seal Document 228 Memorandum in Opposition ,, 229 Declaration in Support,, Plaintiff's Motion Pursuant To Civ. L.R. 79-5(D) To File Under Seal Plaintiff's Opposition to Defendants' Motion To Exclude Testimony of Plaint MOTION to Seal Document 228 Memorandum in Opposition ,, 229 Declaration in Support,, Plaintiff's Motion Pursuant To Civ. L.R. 79-5(D) To File Under Seal Plaintiff's Opposition to Defendants' Motion To Exclude Testimony of Plaint MOTION to Seal Document 228 Memorandum in Opposition ,, 229 Declaration in Support,, Plaintiff's Motion Pursuant To Civ. L.R. 79-5(D) To File Under Seal Plaintiff's Opposition to Defendants' Motion To Exclude Testimony of Plaint filed by ThinkVillage-Kiwi, LLC., (tf, COURT STAFF) (Filed on 5/19/2010)

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ANDREW E. MONACH (CA SBN 087891) [e-mail] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: 415.268.7522 COLETTE R. VERKUIL (CA SBN 263630) [e-mail] JANA G. GOLD (CA SBN 154246) [e-mail] RICHARD S. BALLINGER (CA SBN 223655) [e-mail] JEFFREY E. DANLEY (CA SBN 238316) [e-mail] MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, California 94304-1018 Telephone: [phone] Facsimile: 650.494.0792 Attorneys for Defendants ADOBE SYSTEMS, INC. AND ADOBE MACROMEDIA SOFTWARE LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

THINKVILLAGE-KIWI, LLC, Plaintiff, v. ADOBE SYSTEMS, INC. and ADOBE MACROMEDIA SOFTWARE LLC, Defendants.

Case No. C 08-04166 SI STIPULATION AND PROPOSED ORDER

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STIPULATION AND PROPOSED ORDER Case No. C 08-04166 SI sf-2843719

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The parties hereto, through their respective counsel, hereby provide notice to the Court that they have agreed to the terms of a settlement of this action that they will memorialize in a more detailed and formal written agreement, and stipulate as follows: 1. That the trial set for June 14, 2010 and all pretrial filing deadlines and the Pretrial

Conference set for June 2, 2010 be taken off calendar; 2. 3. That all pending motions by both sides be withdrawn; and That a further Case Management Conference be set for July 2, 2010 at 3:00 p.m.,

to be held only in the event that the parties have not filed a Notice of Dismissal prior to that date. Dated: May 13, 2010 MORRISON & FOERSTER LLP

By: /s/ Andrew E. Monach Attorneys for Defendants ADOBE SYSTEMS, INC. AND ADOBE MACROMEDIA SOFTWARE LLC Dated: May 13, 2010 NIRO, HALLER & NIRO

By: /s/ David J. Sheikh Attorneys for Plaintiffs THINKVILLAGE-KIWI, LLC

SO ORDERED: Dated: ____________________________________ The Honorable Susan Illston

STIPULATION AND PROPOSED ORDER Case No. C 08-04166 SI sf-2843719

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GENERAL ORDER 45 ATTESTATION I, Andrew E. Monach, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER on behalf of David J. Sheikh. In compliance with General Order 45, X.B., I hereby attest that David J. Sheikh has concurred in this filing. /s / Andrew E. Monach Andrew E. Monach

STIPULATION AND PROPOSED ORDER Case No. C 08-04166 SI sf-2843719

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