Data Retrieval Technology, LLC v. Sybase, Inc.

Filing 31

STIPULATION AND ORDER RE ADR PROCESS re doc 29 filed by Informatica Corporation, Sybase, Inc. Signed by Judge Vaughn R Walker on 3/30/2010. (cgk, COURT STAFF) (Filed on 3/30/2010)

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A limited liability partnership formed in the State of Delaware

Scott D. Baker (SBN 84923) Email: [e-mail] John P. Bovich (SBN 150688) Email: [e-mail] Jonah D. Mitchell (SBN 203511) Email: [e-mail] James A. Daire (SBN 239637) Email: [e-mail] REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, CA 94105-3659 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants/Counterclaimants Sybase, Inc. and Informatica Corporation

Robert E. Rohde Washington Bar No. 12809 Admitted Pro Hac Vice Gregory G. Schwartz Cal. State Bar No. 206134 Email:[e-mail] ROHDE & VAN KAMPEN PLLC 1001 Fourth Ave., Suite 4050 Seattle, WA 98154-1000 Phone: [phone] Fax: [phone] Michael James Cronen Cal. State Bar No. 22653 Zimmerman & Cronen, LLP 1330 Broadway, Suite 710 Oakland, CA 94612 Tel: [phone] Fax: [phone] Email : [e-mail] Attorneys for Plaintiffs/Counterclaim Defendants Data Retrieval Technology LLC

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REED SMITH LLP

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION DATA RETRIEVAL TECHNOLOGY LLC, a Delaware Corporation, Plaintiff, Case No. C 09-05360 VRW Related Case No.: C08-05481 VRW Related Case No.: C09-1909 VRW STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS Compl. Filed: Nov. 13, 2009 Trial Date: N/A Hon. Vaughn R. Walker

Case No. C 09-05360 VRW STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS

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A limited liability partnership formed in the State of Delaware

Counsel report that they have met and conferred regarding ADR and have reached the following stipulation pursuant to Civil L.R. 16-8 and ADR L.R. 3-5: The parties agree to participate in the following ADR process: Court Processes: Non-binding Arbitration (ADR L.R. 4) Early Neutral Evaluation (ENE) (ADR L.R. 5) Mediation (ADR L.R. 6) (Note: Parties who believe that an early settlement conference with a Magistrate Judge is appreciably more likely to meet their needs than any other form of ADR, must participate in an ADR phone conference and may not file this form. They must instead file a Notice of Need for ADR Phone Conference. See Civil Local Rule 16-8 and ADR L.R. 3-5) Private Process: X Private ADR (please identify process and provider): The parties already attempted to mediate this dispute as well as the related cases Nos. C08-05481 VRW and C09-1909 VRW, before Judge Infante on February 2, 2010 in the San Francisco JAMS office. In addition, the parties have agreed to reconvene with Judge Infante in approximately six months. The parties agree to hold the ADR session by: the presumptive deadline (The deadline is 90 days from the date of the order referring the case to an ADR process unless otherwise ordered. ) X other requested deadline: The parties request no deadline because they already attempted to mediate this dispute. DATED: March 25, 2010. REED SMITH LLP

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REED SMITH LLP

By: /s/ James A. Daire James A. Daire Attorneys for Sybase, Inc. and Informatica Corporation DATED: March 25, 2010. ROHDE & VAN KAMPEN PLLC

By: /s/ Greg G. Schwartz* Gregory G. Schwartz Attorneys for Data Retrieval Technology LLC *Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, James A. Daire hereby attests that concurrence in the filing of this document has been obtained.

Case No. C 09-05360 VRW ­1­ STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS

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A limited liability partnership formed in the State of Delaware

[PROPOSED] ORDER Pursuant to the Stipulation above, the captioned matter is hereby referred to: X Private ADR Deadline for ADR session X The parties already attempted to mediate this dispute as well as related case Nos. C08-05481 VRW and C09-1909 VRW, before Judge Infante on February 2, 2010 in the San Francisco JAMS office. In addition, the parties have agreed to reconvene with Judge Infante in approximately six months. Accordingly, the Court declines to order an additional deadline for ADR in this case. IT IS SO ORDERED. 3/30 DATED: ________, 2010. By
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