Artifex Software Inc. v. Diebold Inc. et al

Filing 37

STIPULATION AND ORDER re 32 Stipulation and Order, Defendant's Motion to Dismiss Hearing set for 4/3/09 is continued to 5/29/2009 10:00 AM.. Signed by Judge Samuel Conti on 4/2/09. (tdm, COURT STAFF) (Filed on 4/3/2009)

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

Tharan Gregory Lanier (SBN 138784) Gregory L. Lippetz (SBN 154228) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: 650-739-3900 [e-mail] [e-mail] [e-mail] Attorneys for Defendants DIEBOLD INC. and PREMIER ELECTION SOLUTIONS, INC.

Darin W. Snyder (SBN 136003) Luann L. Simmons (SBN 203526) David S. Almeling (SBN 235449) O'MELVENY & MYERS LLP Two Embarcadero Center, 28th Floor San Francisco, CA 94111-3823 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff ARTIFEX SOFTWARE, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ARTIFEX SOFTWARE INC., Plaintiff, v. DIEBOLD INC., an Ohio corporation, PREMIER ELECTION SOLUTIONS, INC., a Delaware corporation, Defendants. Case No. C 08-04837 SC JOINT REQUEST TO CONTINUE THE HEARING DATE FOR DEFENDANT DIEBOLD INC.'S FRCP 12(B)(6) MOTION TO DISMISS PLAINTIFF'S CLAIM AGAINST DIEBOLD, INC.; PROPOSED ORDER

WHEREAS, on January 30, 2009, Defendant Diebold Inc. filed a motion to dismiss Plaintiff Artifex Software Inc.'s ("Plaintiff") claim for copyright infringement against Diebold Inc.; WHEREAS, the hearing for this motion is currently scheduled for April 3, 2009; WHEREAS, Plaintiff and Defendants Diebold Inc. and Premier Election Solutions, Inc. (together "Defendants") have agreed in principle to settle this Action and are finalizing the language of a settlement agreement that fully and finally resolves all claims, disputes, and differences in this Action; WHEREAS, the parties estimate that they will be able to file a stipulation of dismissal within 30 days; WHEREAS, on March 30, 2009, the Court postponed the Case Management Conference
JOINT REQUEST TO CONTINUE HEARING DATE Case No. C 08-04837 SC

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

in this Action from April 3, 2009 to May 29, 2009; and WHEREAS, the parties agree that to conserve judicial resources, the hearing for Defendant Diebold Inc.'s FRCP 12(b)(6) motion to dismiss Plaintiff's claim for copyright infringement against Diebold Inc. should not go forward on April 3, 2009. THE PARTIES HEREBY JOINTLY REQUEST that the hearing for Defendant Diebold's FRCP 12(b)(6) Motion to Dismiss Plaintiff's Claim Against Diebold, Inc. be continued from April 3, 2009 at 10:00 a.m. to May 29, 2009 at 10:00 a.m., in the above-entitled Court, located at Courtroom 1, 17th Floor, 450 Golden Gate Avenue, San Francisco, California, 94102. Dated: April 1, 2009 JONES DAY

By:

/s/ Gregory L. Lippetz Gregory L. Lippetz

Attorneys for Defendant DIEBOLD INC. and PREMIER ELECTION SOLUTIONS, INC.

In accordance with General Order No. 45, Rule X, the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below.

Dated: April 1, 2009

O'MELVENY & MYERS LLP

By:

/s/ Luann L. Simmons Luann L. Simmons

Attorneys for Plaintiff ARTIFEX SOFTWARE INC.

-2-

STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT Case No. C 08-04837 SC

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 -3STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT Case No. C 08-04837 SC

[PROPOSED] ORDER Pursuant to the parties' joint request, the hearing for Defendant Diebold's FRCP 12(b)(6) Motion to Dismiss Plaintiff's Claim Against Diebold, Inc. is hereby postponed until May 29, 2009 at 10:00 am.

IT IS SO ORDERED

Dated: ______________, 2009

ER

N

F D IS T IC T O R

A

C

LI

FO

_______________________________ ERED O ORD IT IS S The Honorable Samuel Conti United States DistrictelCourt Judge ti u Con
Judge S am

UNIT ED

April 2

S

ISTRIC ES D TC AT T

R NIA

RT U O

NO

RT
H