Sybase, Inc. et al v. Data Retrieval Technology LLC et al

Filing 15

STIPULATION AND ORDER EXTENDING TIME TO RESPONSE TO THE COMPLAINT by 30 days re 13 filed by Data Retrieval Technology LLC. Case Management Conference continued to 4/23/2009 at 3:30 PM. Signed by Judge Vaughn R Walker on 3/4/2009. (cgk, COURT STAFF) (Filed on 3/4/2009)

Case 3:08-cv-05481-VRW

Document 13

Filed 03/02/2009

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Harris Zimmerman, California State Bar No. 22653 Michael James Cronen, California State Bar No. 131087 ZIM M E RM A N & CRONEN, LLP 1330 Broadway, Suite 710 Oakland CA 94612 telephone:[phone] facsimile:510.465.2041 e-mail: [e-mail] Wayne D. Porter, Jr., Ohio State Bar No. 0009242 LA W OFFICES OF WAYNE D. PORTER, JR. 1370 Ontario Street Suite 600 Cleveland OH 44113 telephone:[phone] facsimile:216.373.9289 e-mail: [e-mail] Attorneys for Defendant, Data Retrieval Technology, LLC

IN THE UNITED STATES DISTRICT COURT 13 FOR THE NORTHERN DISTRICT OF CALIFORNIA 14 15 16 17 Plaintiffs, 18 v. 19 DATA RETRIEVAL TECHNOLOGY LLC, 20 21 22 23 24 25 26 27 28
S tip . & Prop. Ord. E x te n d in g Time

SYBASE, INC., and INFORMATICA CORPORATION

Defendant .

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Case No.: C08-05481 VRW STIPULATION AND PROPOSED ORDER REGARDING EXTENSION OF TIME TO RESPOND TO COMPLAINT (Civil L.R. 6-2(a) and 7-12)

It is hereby stipulated by and between the parties to this litigation, through their respective counsel, as follows: 1. The Complaint was filed in this action on or about December 5, 2008.

1

Case 3:08-cv-05481-VRW

Document 13

Filed 03/02/2009

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2. A First Amended Complaint was filed on or about January 15, 2009. 3. Defendant was served with the First Amended Complaint on February 10, 2009 4. Defendant's Response to the First Amended Complaint is presently due on or about March 2, 2009. 5. The parties agree to extend the time to answer or otherwise respond to the Complaint by thirty (30) days. Defendant seeks this extension of time not for purposes of delay but to provide Defendant sufficient time for admission of its counsel, Mr. Wayne D. Porter, Jr., in this case pro hac vice, to provide Defendant with sufficient time to formulate an appropriate response to the First Amended Complaint, and to provide Defendant with sufficient time to fully comply with the Court's Order Setting Initial Case Management Conference and ADR Deadlines. This stipulated request is accompanied by the Declaration Of Michael Cronen In Support Of Stipulation filed herewith in conformity with Civil L.R. 7-12 and incorporated herein by this reference. 6. There have been no previous time modifications in this case, whether by stipulation or Court Order. 7. The present request for extension of time will push back all deadlines in the Court's Order Setting Initial Case Management Conference and ADR Deadlines by approximately thirty (30) days. Therefore, the new deadlines shall be as follows:

March 23, 2009

Last day to meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan. File ADR Certification signed by Parties and Counsel. File either Stipulation to ADR Process or Notice of Need for ADR Phone Conference.

April 13, 2009

Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement.

S tip . & Prop. Ord. E x te n d in g Time

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Case 3:08-cv-05481-VRW

Document 13

Filed 03/02/2009

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April 20, 2009 April 23, 2009

Initial Case Management Conference (CMC) in Courtroom No. 6, 17th Floor, United States District Courthouse, 450 Golden Gate Avenue, San Francisco, California, at 3:30 PM.

By: /s/ Michael James Cronen Michael James Cronen, Esq. ZIM M E RM A N & CRONEN, LLP 1330 Broadway, Suite 710 Oakland CA 94612 telephone:[phone] facsimile:510.465.2041 Attorneys for Defendant, Data Retrieval Technology LLC

By: /s/John P. Bovich John P. Bovich, Esq. RE ED SMITH, LLP Two Embarcadero Center Suite 2000 San Francisco, CA 94111-3922 telephone: [phone] facsimile: 415.391.8269 Attorneys for Plaintiffs, Sybase, Inc. and Informatica Corporation

PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT ED

3/4/2009 Dated: _________________

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S DISTRICT TE C TA

_____________________________ D UnitedANTEDistrict Court Judge R States

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