Actuate Corporation v. International Business Machines Corporation et al

Filing 10

STIPULATION AND ORDER TO RESPOND TO COMPLAINT. Signed by Judge Joseph C. Spero on 01/05/10. (klh, COURT STAFF) (Filed on 1/5/2010)

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1 MICHAEL J. SHEPARD (State Bar No. 91281) MAREN J. CLOUSE (State Bar No. 228726) 2 HOGAN & HARTSON LLP 4 Embarcadero Center, 22nd Floor 3 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] 5 Attorneys for Defendants INTERNATIONAL BUSINESS MACHINES 6 CORPORATION and MRO SOFTWARE, INC. 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ACTUATE CORPORATION, 11 a Delaware corporation, 12 13 v. Plaintiff,

Case No.: CV 09 5892 JCS STIPULATION REGARDING RESPONSE TO COMPLAINT

14 INTERNATIONAL BUSINESS MACHINES CORPORATION, a Delaware corporation, 15 MRO SOFTWARE, INC., a Massachusetts corporation, 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION REGARDING RESPONSE TO COMPLAINT CASE NO. CV 09 5892 JCS

The Honorable Joseph C. Spero Courtroom A, 15th Floor

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WHEREAS, Plaintiff Actuate Corporation ("Actuate") filed on December 16, 2009

2 its Complaint for Breach of Contract, Copyright Infringement, Circumvention of Copyright 3 Protection Systems, and Fraudulent Concealment (the "Complaint"); 4 WHEREAS, Defendants International Business Machines Corporation and MRO

5 Software, Inc. (collectively "Defendants") were served on December 17, 2009 with a 6 summons and copy of the Complaint; 7 WHEREAS, Defendants have requested and Actuate has agreed to provide

8 Defendants additional time in which to respond to the Complaint; and 9 WHEREAS, Defendants intend to file a motion to dismiss one or more claims

10 alleged in the Complaint; 11 ACCORDINGLY, IT IS HEREBY STIPULATED AND AGREED that Defendants

12 will file a motion to dismiss on or before January 25, 2010 and will notice that motion for 13 hearing on March 5, 2010; that Actuate will file an opposition to Defendants' motion to 14 dismiss on or before February 12, 2010; and that IBM will file a reply on or before February 15 19, 2010. 16 IT IS FURTHER STIPULATED AND AGREED that Defendants need not

17 otherwise respond to the Complaint until two weeks following the receipt of a ruling on 18 Defendants' motion to dismiss. 19 20 21 22 23 24 25 26 27 28 1
STIPULATION REGARDING RESPONSE TO COMPLAINT CASE NO. CV 09 5892 JCS

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Dated: January 5, 2010
UNIT ED

IT IS SO STIPULATED AND AGREED. DATED: January 4, 2010 HOGAN & HARTSON LLP By _____/s/ Michael J. Shepard__ Michael J. Shepard Attorneys for Defendants INTERNATIONAL BUSINESS MACHINES CORPORATION and MRO SOFTWARE, INC. DATED: January 4, 2010 FENWICK & WEST LLP By _____/s/ Rodger R. Cole_ _ Rodger R. Cole Attorneys for Plaintiff ACTUATE CORPORATION

*** I, Michael J. Shepard, am the ECF User whose ID and password are being used to file this Stipulation Regarding Response to Complaint. In compliance with General Order 45, X.B., I hereby attest that Rodger R. Cole has concurred in this filing. /s/ Michael J. Shepard Michael J. Shepard
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