Adobe Systems Incorporated v. Johnson et al

Filing 42

ORDER Denying Stipulation to Continue Trial and Pre-Trial Dates. Signed by Judge Samuel Conti on 6/6/11. (tdm, COURT STAFF) (Filed on 6/6/2011)

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J. Andrew Coombs (SBN 123881)
[e-mail]
Annie S. Wang (SBN 243027)
[e-mail]
Nicole L. Drey (SBN 250235)
[e-mail]
J. Andrew Coombs, A P. C.
517 East Wilson Avenue, Suite 202
Glendale, California 91206
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Plaintiff
Adobe Systems Incorporated
Rodney B. Sorensen (SBN 196926)
[e-mail]
Payne & Fears LLP
Attorneys at Law
One Embarcadero Center, Suite 2300
San Francisco, California 94111
Telephone: [phone]
Facsimile:
[phone]
Robert R. Brunelli, admitted pro hac vice
[e-mail]
Patricia Y. Ho, admitted pro hac vice
[e-mail]
Sheridan Ross PC
1560 Broadway, Suite 1200
Denver, Colorado 80202
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Defendant
Royal Distribution Inc.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO)

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Adobe Systems Incorporated,

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Plaintiff,
v.
Royal Distribution, Inc., et al.
Defendants.

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Adobe v. Royal Distribution: Stipulation re Continuance

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Case No. C10-3568 SC
JOINT STIPULATION TO CONTINUE
TRIAL AND PRE-TRIAL DATES

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Plaintiff Adobe Systems Incorporated (“Plaintiff”) and Defendant Royal Distribution, Inc.

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(“RDI”) (collectively “Defendants”), by and through their respective counsel of record, hereby
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stipulate and agree as follows:
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WHEREAS Plaintiff filed its complaint against Defendant on or about August 13, 2010;
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WHEREAS the Court held a Case Management Conference on or about December 3, 2010;
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WHEREAS the Court set a trial date of September 6, 2011, and a discovery cut-off date of
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July 6, 2011, among other dates;
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WHEREAS the parties have diligently been pursuing the completion of written discovery,
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but certain disputes are still outstanding before Magistrate Judge Beeler, including a Joint Letter
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which was filed on or about May 4, 2011;
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WHEREAS mediation was conducted on May 11, 2011, at which time significant progress
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was made towards settlement. In light of such progress, a second mediation session has been
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scheduled for June 7, 2011;
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WHEREAS the Parties are optimistic that this matter can settle in the very near future but
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are concerned over the impending discovery cut-off and other impending pre-trial dates, which
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could cause fees to be incurred that would unnecessarily hinder settlement;
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WHEREAS lead trial counsel for Plaintiff as well as lead trial counsel for Defendant will
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alternatively be unavailable for a significant period of time in June and July, preventing and/or
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delaying the taking of certain necessary depositions;
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WHEREAS a brief continuance of the trial and pre-trial dates would allow the parties
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sufficient time to attend the second mediation session and hopefully resolve this matter without
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further need for intervention from the Court or, alternatively, to complete discovery and other pre23

trial preparations thereafter; and
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WHEREAS there has been no prior continuance of the trial in this matter or request to
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continue the trial, pre-trial or discovery cut-off dates.
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NOW, THEREFORE, Plaintiff and Defendant stipulate and request that all pending dates in
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this Action be continued for approximately sixty (60) days to allow additional time for settlement
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Adobe v. Royal Distribution: Stipulation re Continuance

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such that trial may possibly be avoided. The Parties request that the new trial date be set for

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November 8, 2011, or a date thereafter acceptable with the Court, with all other pre-trial dates
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adjusted accordingly.
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IT IS SO STIPULATED:
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Dated: June 3, 2011

J. Andrew Coombs, A Professional Corp.
By: ___/s Nicole L Drey_____________________
J. Andrew Coombs
Nicole L. Drey
Attorneys for Plaintiff Adobe Systems Incorporated

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Dated: June 3, 2011

Sheridan Ross PC

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By: ___/s Patricia Y. Ho_____________________
Robert R. Brunelli
Patricia Y. Ho
Attorneys for Defendant

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PURSUANT TO REQUEST, IT IS SO ORDERED.
DATED: _______________, 2011

D

DENIE

R NIA

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UNIT
ED

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RT
U
O

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S DISTRICT
TE
C
TA
[PROPOSED] ORDER

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Adobe v. Royal Distribution: Stipulation re Continuance

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A

H

ER

LI

RT

FO

NO

el Conti
ge Samu
Jud
Hon. Samuel Conti
UNITED STATES DISTRICT JUDGE

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N

F
D IS T IC T O
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