Textscape LLC v. Adobe Systems Incorporated

Filing 13

STIPULATION AND ORDER for Enlargement of Time Signed by Magistrate Judge Bernard Zimmerman on 12/29/2009. (bzsec, COURT STAFF) (Filed on 12/29/2009)

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TOWNSEND AND TOWNSEND AND CREW LLP Theodore T. Herhold (State Bar No. 122895) Andrew T. Oliver (State Bar No. 226098) Eric M. Hutchins (State Bar No. 245462) 379 Lytton Avenue Palo Alto, CA 94301 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] Gary S. Morris (pro hac vice application expected) TOWNSEND AND TOWNSEND AND CREW LLP 1301 K Street, N.W. Ninth Floor, East Tower Washington, D.C. 20005 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant ADOBE SYSTEMS INCORPORATED

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA TEXTSCAPE LLC, a New Jersey Corporation,, Plaintiff, v. ADOBE SYSTEMS INCORPORATED, a Delaware Corporation, Defendant. Case No. 3:09-CV-04550 BZ STIPULATION AND ORDER FOR ENLARGEMENT OF TIME PURSUANT TO LOCAL RULES 6-1 and 6-2

STIPULATION Pursuant to Civil Local Rules 6-1 and 6-2, the parties hereto, by and through their counsel, stipulate to an enlargement of time to respond to the Complaint, and to change the deadlines imposed by the Court's previous Order Enlarging Time Pursuant to Civil Local Rules 6-3 and 162(d) [Docket Index ("D.I.") No. 10] as more fully set forth below.
STIPULATION & ORDER FOR ENLARGEMENT OF TIME PURSUANT TO L.R. 6-1 AND 6-2 CASE NO. 3:09-CV-04550 BZ

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DECLARATION OF THEODORE T. HERHOLD I, Theodore T. Herhold, declare as follows: 1. I am a partner in the law firm of Townsend and Townsend and Crew LLP

("Townsend"), appearing for Defendant Adobe Systems Incorporated ("Adobe") in this matter. 2. On September 25, 2009, Plaintiff Textscape LLC ("Textscape") filed its Complaint

in the above-captioned matter. 3. On September 25, 2009, this Court issued its Order Setting Initial Case

Management Conference [D.I. No. 3]. In the September 25, 2009 Order, the Court set the deadline to meet and confer, and to file either a Stipulation to ADR Process or Notice of Need for ADR Phone Conference as December 14, 2009. The Court also set December 28, 2009 as the deadline to file a Rule 26(f) Report, to complete initial disclosures, and to file a Case Management Statement. The Court scheduled the Initial Case Management Conference ("CMC") for January 4, 2010. 4. On December 14, 2009, Adobe was served with the Summons and Complaint.

Accordingly, absent an extension of time, Adobe must answer or otherwise respond to the Complaint on or before January 4, 2010. 5. On December 15, 2009, before Adobe retained counsel in this matter, Textscape

filed a Motion for Enlargement of Time Pursuant to Civil Local Rules 6-3 and 16-2(d) [D.I. No. 9], in which it asked the Court to extend the various deadlines set forth in the Court's September 25, 2009 Order, including the date for the CMC. 6. On December 16, 2009, the Court granted Textscape's motion and issued its Order

Enlarging Time Pursuant to Civil Local Rules 6-3 and 16-2(d) [D.I. No. 10]. In its Order, the Court set the following deadlines in the case: CURRENT DEADLINES Deadline for Adobe to respond to Complaint Deadline to meet and confer re initial disclosures, early settlement, ADR process selection, and discovery plan Deadline to file either a Stipulation to ADR Process or Notice of Need for ADR Phone Conference January 4, 2010 January 11, 2010 January 11, 2010

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Deadline to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement Initial Case Management Conference (CMC) 7. 8.

January 25, 2010

February 1, 2010 at 4:00 p.m.

On December 23, 2009, Adobe retained Townsend to represent it in this matter. On December 23, 2009, I called counsel for Textscape, Edward Goldstein, and

requested a 3-week extension of time in which to answer or otherwise respond to the Complaint, or up to and including January 25, 2009. I also requested that the various deadlines set forth in the Court's December 16, 2009 Order, including the date for the CMC, be extended accordingly. Mr. Goldstein agreed to the requests. 9. Accordingly, in order to give the parties sufficient time to meet and confer and

otherwise meet the deadlines imposed by the Court, the parties agree to a further extension of the deadlines as follows: REQUESTED DEADLINES Deadline for Adobe to respond to Complaint Deadline to meet and confer re initial disclosures, early settlement, ADR process selection, and discovery plan Deadline to file either a Stipulation to ADR Process or Notice of Need for ADR Phone Conference Deadline to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement Initial Case Management Conference (CMC) January 25, 2010 February 1, 2010 February 1, 2010 February 15, 2010

February 22, 2010 at 4:00 p.m.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct and that this Declaration was executed on December 23, 2009 in Palo Alto, California. /s/ Theodore T. Herhold Theodore T. Herhold

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STIPULATION & ORDER FOR ENLARGEMENT OF TIME PURSUANT TO L.R. 6-1 AND 6-2 CASE NO. 3:09-CV-04550 BZ

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DATED: December 23, 2009

Respectfully submitted, TOWNSEND AND TOWNSEND AND CREW LLP

By: /s/ Theodore T. Herhold Theodore T. Herhold Attorneys for Defendant ADOBE SYSTEMS INCORPORATED, A CALIFORNIA CORPORATION DATED: December 23, 2009 Respectfully submitted, GOLDSTEIN, FAUCETT & PREBEG, LLP DERGOSITS & NOAH, LLP

By: /s/ Edward W. Goldstein by Permission TTH Edward W. Goldstein Attorneys for Plaintiff TEXTSCAPE LLC

ATTESTATION CLAUSE REGARDING SIGNATURES Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that I have on file permission to sign for co-counsel indicated by a "conformed" signature (/s/) within this e-filed document. /s/ Theodore T. Herhold Theodore T. Herhold
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ORDER PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that the following deadlines shall apply in this case: Deadline for Adobe to respond to Complaint Deadline to meet and confer re initial disclosures, early settlement, ADR process selection, and discovery plan Deadline to file either a Stipulation to ADR Process or Notice of Need for ADR Phone Conference Deadline to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement Initial Case Management Conference (CMC) January 25, 2009 February 1, 2010 February 1, 2010 February 15, 2010

February 22, 2010 at 4:00 p.m.

December 29, 2009 Dated: ________________________

_____________________________________ Magistrate Judge Bernard Zimmerman United States District Judge

STIPULATION & ORDER FOR ENLARGEMENT OF TIME PURSUANT TO L.R. 6-1 AND 6-2 CASE NO. 3:09-CV-04550 BZ

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