Interwoven, Inc. v. Vertical Computer Systems, Inc.

Filing 125

STIPULATION AND ORDER RE 124 CHANGING TIME. Signed by Judge Richard Seeborg on 9/11/12. (cl, COURT STAFF) (Filed on 9/11/2012)

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MARK V. ISOLA (SBN 154614)
[e-mail]
REHON & ROBERTS, APC
830 The Alameda
San Jose, CA 95126
Telephone: [phone]
Facsimile: [phone]
VASILIOS D. DOSSAS (Pro Hac Vice)
[e-mail]
NIRO, HALLER & NIRO
181 West Madison, Suite 4600
Chicago, IL 60602-4515
Telephone: [phone]
Facsimile: [phone]
Attorneys for Vertical Computer Systems, Inc.

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BIJAL V. VAKIL (Cal. Bar No. 192878)
[e-mail]
NOAH A. BRUMFIELD (Cal. Bar No. 203653)
[e-mail]
JENNIFER P. GOSSAIN (Cal. Bar No. 254174)
[e-mail]
THOMAS C. FLYNN (Cal. Bar. No. 257945)
[e-mail]
WHITE & CASE LLP
3000 El Camino Real
5 Palo Alto Square, 9th Floor
Palo Alto, CA 94306
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff, Interwoven, Inc.

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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INTERWOVEN, INC.,
Plaintiff,

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Case No. 3:10-cv-04645-RS

v.

STIPULATED REQUEST FOR ORDER
CHANGING TIME AND [PROPOSED]
ORDER; DECLARATION OF VASILIOS
D. DOSSAS IN SUPPORT

VERTICAL COMPUTER SYSTEMS, INC.,
JURY TRIAL DEMANDED
Defendant.

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STIPULATED REQUEST FOR ORDER CHANGING TIME
CASE NO. 3:10-CV-04645-RS

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STIPULATED REQEUST FOR ORDER CHANGING TIME

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Pursuant to Local Rule 6-2 of the Local Rules for the Northern District of California,

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Plaintiff, Interwoven, Inc., ("Interwoven") and Defendant, Vertical Computer Systems, Inc.

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("Vertical"), by and through their respective counsel of record, jointly request the Court for an

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extension of time for the deadline for the completion of fact discovery from October 12, 2012 to

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October 26, 2012. This requested extension of time does not impact any other dates in the

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Court’s Case Management Schedule (which will remain as set forth below). See Dkt. Nos. 117,

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123.
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On or before December 7, 2012, the Parties shall disclose expert testimony and

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reports on issues for which the Parties bear the burden of proof in accordance with

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Federal Rule of Civil Procedure 26(a)(2).
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On or before January 18, 2013, the Parties shall disclose expert testimony and

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reports on issues for which the Parties do not bear the burden of proof in

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accordance with Federal Rule of Civil Procedure 26(a)(2).
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On or before February 15, 2013, all discovery of expert witnesses pursuant to
Federal Rule of Civil Procedure 26(b)(4) shall be completed.

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The parties hereby jointly request the Court for a brief extension for the deadline for the

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completion of fact discovery because principal counsel for Vertical will be out of the country

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from October 3, 2012 through October 13, 2012, a time period that includes the last eleven days

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of fact discovery. 1

This short continuance will provide additional time to complete fact

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Vertical also seeks an extension of fact discovery based on difficulties in scheduling
depositions. Vertical has factual support for this additional ground, but has withheld presenting
it in light of the agreement reached on the extension. Interwoven disagrees with the additional
ground and believes the parties would have been able to finish discovery by the deadline but for
Counsel for Vertical’s existing travel plans. Thus, Interwoven does not stipulate to the alleged
scheduling difficulties as a basis for the requested extension. However, Interwoven has agreed to
this request for an extension out of professional courtesy and in the spirit of cooperation.
STIPULATED REQUEST FOR ORDER CHANGING TIME
CASE NO. 3:10-CV-04645-RS

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discovery. The Declaration of Vasilios D. Dossas provides the information required by Civil

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L.R. 6-2(a)(1)-(3). The parties' stipulated request herein is not made for purposes of delay or

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harassment, but is based in good faith upon the grounds stated above. For these reasons, the

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parties respectfully request an Order from this Court changing the date for the parties' deadline

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for the completion of fact discovery from October 12, 2012 to October 26, 2012.

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Date: September 7, 2012

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Respectfully submitted,
/s/ Vasilios D. Dossas
MARK V. ISOLA (SBN 154614)
[e-mail]
REHON & ROBERTS, APC
830 The Alameda
San Jose, CA 95126
Telephone: [phone]

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VASILIOS D. DOSSAS (Pro Hac Vice)
[e-mail]
NIRO, HALLER & NIRO
181 West Madison, Suite 4600
Chicago, IL 60602-4515
Telephone: [phone]
Attorneys for Vertical Computer Systems, Inc.

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Respectfully submitted,

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Date: September 7, 2012

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/s/ Thomas C. Flynn
BIJAL V. VAKIL (Cal. Bar No. 192878)
[e-mail]
NOAH A. BRUMFIELD (Cal. Bar No. 203653)
[e-mail]
JENNIFER P. GOSSAIN (Cal. Bar No. 254174)
[e-mail]
THOMAS C. FLYNN (Cal. Bar. No. 257945)
[e-mail]
WHITE & CASE LLP
3000 El Camino Real
5 Palo Alto Square, 9th Floor
Palo Alto, CA 94306
Telephone: [phone]
Attorneys for Plaintiff, Interwoven, Inc.

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STIPULATED REQUEST FOR ORDER CHANGING TIME
CASE NO. 3:10-CV-04645-RS

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The Court finds that the Stipulated Request for an Order Changing Time is well taken
and should be GRANTED.

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
9/11/12
Dated: _________________________

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______________________________
Honorable Richard Seeborg
United States District Court Judge

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STIPULATED REQUEST FOR ORDER CHANGING TIME
CASE NO. 3:10-CV-04645-RS

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