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

Filing 161

STIPULATION AND ORDER RE 160 REQUEST FOR EXTENSION OF TIME AND TO SET HEARING DATE FOR PRETRIAL MOTIONS. Motion Hearing set for 6/20/2013 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 3/21/13. (cl, COURT STAFF) (Filed on 3/22/2013)

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ATTORNEYS AT LAW

W HITE & C ASE LLP

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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 AND COUNTERCLAIMDEFENDANT INTERWOVEN, INC.
MARK V. ISOLA (Cal. Bar No. 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, LTD.
181 West Madison Street, Suite 4600
Chicago, IL 60602-4515
Telephone: [phone]
Facsimile: [phone]
ATTORNEYS FOR DEFENDANT AND COUNTERCLAIMANT
VERTICAL COMPUTER SYSTEMS, INC.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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INTERWOVEN, INC.,
Plaintiff,

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vs.
VERTICAL COMPUTER SYSTEMS, INC.,
Defendant.

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PALOALTO 145780 (2K)

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Civil Case No. 3:10-cv-04645 RS
JOINT STIPULATED REQUST FOR
EXTENSION OF TIME AND TO SET
HEARING DATE FOR PRETRIAL
MOTIONS AND [PROPOSED] ORDER
HON. RICHARD SEEBORG

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Pursuant to Local Rules 6-2 and 7-12 of the Civil Local Rules for the Northern District of
California, Plaintiff, Interwoven, Inc., (“Interwoven”) and Defendant, Vertical Computer
Systems, Inc. (“Vertical”), by and through their respective counsel, jointly request the Court
extend the deadline for pretrial motion hearings, and set a hearing date on or after June 17, 2013
for pretrial motions.

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In its May 25, 2012 Case Management Scheduling Order (Dkt. No. 117), the Court set a
deadline of May 23, 2013 for hearing pretrial motions. Interwoven intends to file a Motion for
Summary Judgment addressing a number of issues.1

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ATTORNEYS AT LAW

W HITE & C ASE LLP

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The Court is unavailable from May 13, 2013 through May 17, 2013, as well as on May 23,
2013. These dates on which the Court is unavailable include the last two civil law and motion
calendar days on which pretrial motions could be heard. The parties further understand that the
Court is not available for a pretrial motion hearing on May 21, 2013, a date the parties had
initially proposed to the Court through the Court’s clerk.

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Counsel for Interwoven will be in trial in Washington, DC from May 31, 2013 through
June 7, 2013 and expects to be in Washington, DC for this trial from May 22, 2013 through June
8, 2013. Counsel for Vertical has a prior travel engagement from May 3, 2013 to May 13, 2013,
and is unavailable for a pretrial motion hearing in California during that time period.

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By prior agreements of the parties, and due the production of additional revenue data by
Interwoven on February 27, 2013, as well as an unexpected illness that led to the cancellation of
his deposition scheduled for February 27, 2013, the parties agreed that Vertical’s damages expert,
Joseph Gemini would serve a supplemental report on March 20, 2013, and will be deposed on
March 26, 2013. Counsel for Interwoven expects that the Gemini supplemental report and
deposition will be essential to Interwoven’s planned motions practice.

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Counsel for Interwoven and counsel for Vertical have conferred, and both are available
for a pretrial motion hearing on or after June 17, 2013. The Declaration of Bijal V. Vakil that
accompanies this stipulated request and provides the information required by Civil L.R. 6-2.
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Vertical does not currently intend to file a Motion for Summary Judgment.
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PALOALTO 145780 (2K)

JOINT STIPULATED REQUEST
FOR EXTENSION AND TO SET HEARING DATE
CASE NO. 3:10-CV-04645 RS

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The parties therefore stipulate and jointly request that the Court extend the deadline for
pretrial motion hearings and schedule a pretrial motion hearing on or after June 17, 2013.
Pursuant to this stipulated request, briefing will proceed according to Civil L.R. 7-2, and
Civil L.R. 7-3 with motions filed and served 35 days before the hearing date.

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Dated: March 21, 2013

Respectfully submitted,

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WHITE & CASE LLP

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By:

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ATTORNEYS FOR PLAINTIFF AND COUNTERCLAIMDEFENDANT INTERWOVEN, INC.

ATTORNEYS AT LAW

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W HITE & C ASE LLP

/s/ Bijal V. Vakil
BIJAL V. VAKIL

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Dated: March 21, 2013

NIRO, HALLER & NIRO, LTD.

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By:

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/s/ Vasilios D. Dossas
VASILIOS D. DOSSAS

ATTORNEYS FOR DEFENDANT AND
COUNTERCLAIMANT VERTICAL COMPUTER
SYSTEMS, INC.

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ATTESTATION CLAUSE
I, Bijal V. Vakil, hereby attest in accordance with Local Rule 5-1(i)(3) that Vasilios D.
Dossas, counsel for Vertical Computer Systems, Inc., has provided his concurrence with the
electronic filing of the foregoing document entitled:
JOINT STIPULATED REQUST FOR EXTENSION OF TIME AND TO SET HEARING
DATE FOR PRETRIAL MOTIONS
Dated: March 21, 2013

By:

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PALOALTO 145780 (2K)

/s/ Bijal V. Vakil
BIJAL V. VAKIL
JOINT STIPULATED REQUEST
FOR EXTENSION AND TO SET HEARING DATE
CASE NO. 3:10-CV-04645 RS

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ORDER
The Court finds that the Stipulated Request for an Order Changing Time is well taken and should
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be GRANTED. Pretrial motions in this case will be set for hearing on June [______], 2013 at
1:30 p.m.
[__________].

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

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3/21/13
Dated: _________________________

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______________________________
Honorable Richard Seeborg
United States District Court Judge

ATTORNEYS AT LAW

W HITE & C ASE LLP

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PALOALTO 145780 (2K)

JOINT STIPULATED REQUEST
FOR EXTENSION AND TO SET HEARING DATE
CASE NO. 3:10-CV-04645 RS