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

Filing 20

STIPULATION AND ORDER CHANGING TIME ON MOTION HEARING RE 16 MOTION to Enjoin Defendant from Pursuing Duplicative Litigation filed by Interwoven, Inc., 13 Notice (Other) filed by Vertical Computer Systems, Inc., Set Motion and R&R Deadlines/Hearings. Motion Hearing set for 1/20/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 12/21/10. (cl, COURT STAFF) (Filed on 12/21/2010)

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WHITE & CASE LLP
A T T O R N E Y S A T LAW

NOAH A. BRUMFIELD (Cal.Bar No. 203653) [e-mail] SHAMITA D. ETIENNE-CUMMINGS (Cal. Bar No. 202090) [e-mail] BIJAL V. VAKIL (Cal. Bar No. 192878) [e-mail] WHITE & CASE LLP 5 Palo Alto Square, 9th Floor 3000 El Camino Real Palo Alto, CA 94306 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR PLAINTIFF INTERWOVEN, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
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12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. VERTICAL COMPUTER SYSTEMS, INC. Defendant. INTERWOVEN, INC., Plaintiff,

Civil Case No.: 3:10-CV-04645 Honorable Richard Seeborg STIPULATED REQUEST FOR AN ORDER CHANGING TIME AND [PROPOSED ORDER] Current Date: January 13, 2011 Time: 1:30 pm Courtroom 3 (17th Floor) Proposed Date: January 20, 2011 Time: 1:30 pm Courtroom 3 (17th Floor)

Plaintiff Interwoven, Inc. ("Interwoven") and Defendant Vertical Computer Systems, Inc. ("VCS") hereby file this Stipulated Request to Change the Time of the hearing on Plaintiff's
STIPULATED REQUEST FOR AN ORDER CHANGING TIME AND PROPOSED ORDER CASE NO. 3:10-CV-04645

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Motion to Enjoin Defendant from Pursuing Duplicative Litigation and on Defendant's Motion to Transfer Venue Or, in the Alternative, to Dismiss Interwoven's Complaint for Declaratory Judgment. The parties would show the Court as follows: 1. On December 7, 2010, Defendant filed its Motion to Transfer Venue Or, in the

Alternative, to Dismiss Interwoven's Complaint for Declaratory Judgment, requesting a hearing date of January 12, 2011. 2. On December 8, 2010, Defendant filed an Amended Notice of Motion, requesting

a hearing date of January 13, 2011. 3. On December 9, 2010, Plaintiff filed its Motion to Enjoin Defendant from

Pursuing Duplicative Litigation, requesting a hearing date of January 13, 2011. 4. The parties now seek to change the date of the hearing for both of these Motions to

January 20, 2011 to accommodate scheduling conflicts of Plaintiff's counsel. 5. The proposed change will have the following effects on other dates in this case: a. The parties' Oppositions to these Motions, currently due on December 23, 2010, would be due on December 30, 2010. b. The parties' Replies to these Motions, currently due on December 30, 2010, would be due on January 6, 2011. 6. This Stipulated Request is not made for purposes of delay or harassment, but is

based in good faith upon the grounds stated herein.

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STIPULATED REQUEST FOR AN ORDER CHANGING TIME AND PROPOSED ORDER CASE NO. 3:10-CV-04645

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WHITE & CASE LLP
A T T O R N E Y S A T LAW

7.

FOR THESE REASONS, the parties respectfully request an Order from this Court changing the date for the hearing on these motions to January 20, 2011.

Dated: December 21, 2010 Respectfully submitted,

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/s/ Bijal V. Vakil NOAH A. BRUMFIELD (SBN 203653) [e-mail] SHAMITA D. ETIENNE-CUMMINGS (SBN. 202090) [e-mail] BIJAL V. VAKIL (SBN 192878) [e-mail] WHITE & CASE LLP 5 Palo Alto Square, 9th Floor 3000 El Camino Real Palo Alto, CA 94306 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR PLAINTIFF INTERWOVEN, INC.

/s/ Mark V. Isola REHON & Roberts, APC Mark V. Isola (SBN 154614) [e-mail] 830 The Alameda San Jose, CA 95126 Phone: [phone] Fax: [phone] NIRO, HALLER & NIRO Vasilios D. Dossas (Pro Hac Vice) [e-mail] 181 West Madison, Suite 4600 Chicago, IL 60602-4515 Phone: [phone] Fax: [phone] ATTORNEYS FOR DEFENDANT VERTICAL COMPUTER SYSTEMS, INC.

The Court finds that the Stipulated Request for an Order Changing Time is well taken and should be GRANTED. PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

12/21/10 DATED: _______________________

____________________________________ HONORABLE RICHARD SEEBORG United States District Court Judge

STIPULATED REQUEST FOR AN ORDER CHANGING TIME AND PROPOSED ORDER CASE NO. 3:10-CV-04645