Innospan Corp v. Intuit et al

Filing 224

STIPULATION AND ORDER EXTENDING DUE DATES. Signed by Judge Joseph C. Spero on 10/13/11. (klhS, COURT STAFF) (Filed on 10/13/2011)

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RODGER R. COLE (CSB NO. 178865)
[e-mail]
SONGMEE L. CONNOLLY (CSB NO. 228555)
[e-mail]
JOSEPH S. BELICHICK (CSB NO. 229371)
[e-mail]
SEAN S. WIKNER (CSB NO. 268319)
[e-mail]
MOLLY MELCHER (CSB NO. 272950)
[e-mail]
FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, California 94041
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants and Counter-Claimants
INTUIT INC. and MINT SOFTWARE INC.

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UNITED STATES DISTRICT COURT

MOUNTAIN VIEW

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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INNOSPAN CORP.,

Case No. C10-04422 WHA (JCS)

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Plaintiff,
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STIPULATION AND [PROPOSED]
ORDER EXTENDING DUE DATES

v.
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INTUIT INC.; MINT SOFTWARE INC.;
SHASTA VENTURES GP, LLC; and
DOES 1-20,

Dept:
Judge:

G, 15th Floor
Honorable Joseph C. Spero

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Defendants.
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INTUIT INC. and MINT SOFTWARE
INC.,

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Counter-Claimants,

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v.
INNOSPAN CORP. and HONG-SEOK
KIM,
Counter-Defendants.

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STIP & ORDER EXTENDING DUE DATES

CASE NO.: C10-04422 WHA (JCS)

STIPULATION

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WHEREAS, on October 3, 2011, the Court issued its Discovery Order (Dkt. # 212) that

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ordered Plaintiff to produce all documents listed on the August 18 privilege screen, except for

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privileged or work product communications between Mr. Song or his associate and Mr. Kim by

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October 4, 2011;

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WHEREAS, Plaintiff complied with part of Paragraph 3(b) the Discovery Order (Dkt. #

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212) by timely producing the non-privileged documents from the August 18 privilege screen by

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October 4, 2011;
WHEREAS, the Discovery Order (Dkt. # 212 at Paragraph 3(b)) ordered Plaintiff to serve

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a privilege log by October 7, 2011 of all documents withheld from the October 4 production;
WHEREAS, the Discovery Order (Dkt. # 212 at Paragraphs 3(c) and (d)) ordered Plaintiff

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MOUNTAIN VIEW

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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to produce additional documents and serve new privilege logs correcting certain errors found by

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the Court by October 7, 2011;
WHEREAS, Plaintiff represents that it has been diligently working in good faith to

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complete its privilege log of all documents withheld from the October 4 production, correct the

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privilege log errors found by the Court, and produce the documents ordered produced by the

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Court;

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WHEREAS, the parties have been meeting-and-conferring for weeks about Plaintiff’s

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responses to (a) Intuit’s Third Set of Interrogatories, (b) Intuit’s Fourth Set of Requests for

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Production of Documents, (c) Intuit’s Third Set for Requests for Admission, and (d) Mint’s First

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Set of Interrogatories;

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WHEREAS, Intuit and Mint contend that Plaintiff’s above-noted discovery responses are
inadequate and relief from the Court is required;
WHEREAS, pursuant to the Case Management Order (Dkt. # 72), the non-expert (fact)
discovery cut-off in this case is September 30, 2011;
WHEREAS, pursuant to Civil Local Rule 37-3, any motions to compel regarding non-

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expert (fact) discovery must be filed within 7 days after the non-expert (fact) discovery cut-off, or

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by October 7, 2011;
STIP & ORDER EXTENDING DUE DATES

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CASE NO.: C10-04422 WHA (JCS)

WHEREAS, the parties have discussed entering into a Stipulation & Order that would

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compel further discovery responses and documents from Plaintiff in connection with the above-

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noted discovery responses;
WHEREAS, the parties were unable to reach a final agreement regarding a Stipulation &

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Order that would resolve all of the pending discovery disputes;
WHEREAS, Intuit has prepared its portion of a Joint Letter for discovery relief in

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connection with the pending discovery disputes;
WHEREAS, Plaintiff has requested additional time to comply with the Court’s Discovery

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Order (Dkt. # 212) to serve a privilege log of all documents withheld from the October 4

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production, correct the privilege log errors found by the Court, and produce the documents

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ordered produced by the Court;
WHEREAS, Plaintiff offered to agree to extend the deadline to file any Joint Letter to

MOUNTAIN VIEW

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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compel further discovery responses and documents from Plaintiff in connection with the above-

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noted discovery responses;

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WHEREAS, Intuit is willing to provide Plaintiff with a reasonable extension of time to

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complete its privilege log of all documents withheld from the October 4 production, correct the

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privilege log errors found by the Court, and produce the documents ordered produced by the

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Court;

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WHEREAS, out of an abundance of caution, Intuit will file its portion of the Joint Letter

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to compel further discovery responses and documents from Plaintiff in connection with the

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above-noted discovery responses by October 7, 2011;

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WHEREAS, to provide the parties a reasonable extension of time to try to resolve the
pending discovery disputes;
WHEREAS, to avoid burdening the parties and the Court with unnecessary motion
practice.
NOW, THEREFORE, IT IS HEREBY STIPULATED by the parties through their counsel
of record that:

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STIP & ORDER EXTENDING DUE DATES

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CASE NO.: C10-04422 WHA (JCS)

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Plaintiff shall have an extension of time to serve its privilege log of all documents

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withheld from the October 4 production, correct the privilege log errors found by

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the Court, and produce the documents ordered produced by the Court, from

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October 7, 2011 to October 12, 2011;

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Intuit shall have an extension of time to file its Joint Letter to compel further

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discovery responses and documents from Plaintiff in connection with the above-

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noted discovery responses from October 7, 2011 to October 12, 2011; and

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3.

If the parties are unable to resolve the discovery disputes discussed in Intuit’s Joint

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Letter by October 12, 2011, Intuit shall be permitted to revise and update its Joint

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Letter and Plaintiff shall be permitted to provide its opposition portion of the Joint

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Letter to Intuit by October 12, 2011, for joint filing on the same day.

MOUNTAIN VIEW

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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Dated: October 7, 2011

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FENWICK & WEST LLP
By:

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/s/ Rodger R. Cole
Rodger R. Cole

Attorneys for Defendants and Counter-Claimants
INTUIT INC. AND MINT SOFTWARE INC.

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Dated: October 7, 2011

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LAW OFFICE OF BRIAN SONG
By:

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/s/ Brian H. Song
Brian H. Song

Attorneys for Plaintiff
INNOSPAN CORP.

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STIP & ORDER EXTENDING DUE DATES

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CASE NO.: C10-04422 WHA (JCS)

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ATTESTATION PURSUANT TO GENERAL ORDER 45

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Pursuant to General Order No. 45, Section X.B., I hereby attest that I have obtained

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concurrence of the above noted signatories as indicated by a “conformed” signature (/s/) within

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this e-filed document.

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DATED: October 7, 2011
By:

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/s/ Rodger R. Cole
Rodger R. Cole

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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S

October 13
Dated: ___________________, 2011

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ER

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Judge Jo

Spero

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ATTORNEYS AT LAW

seph C.

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FO

UNIT
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______________________________________
Hon. Joseph C. Spero
United States Magistrate Judge

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F ENWICK & W EST LLP

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STIP & ORDER EXTENDING DUE DATES

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CASE NO.: C10-04422 WHA (JCS)