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

Filing 68

STIPULATION AND ORDER TO CONSOLIDATE CASES AND VACATE CASE MANAGEMENT CONFERENCE. Signed by Judge Richard Seeborg on 8/5/11. (cl, COURT STAFF) (Filed on 8/5/2011)

*E-Filed 8/5/11*

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REHON & ROBERTS, APC
Mark V. Isola (SBN 154614)
[e-mail]
830 The Alameda
San Jose, CA 95126
Phone: [phone]
Fax: [phone]

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NIRO, HALLER & NIRO
Vasilios D. Dossas (Pro Hac Vice)
[e-mail]
181 West Madison, Suite 4600
Chicago, IL 60602-4515
Phone: [phone]
Fax: [phone]

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Attorneys for Defendant Vertical Computer Systems, Inc.

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

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INTERWOVEN INC.,

Case No. 3:10-cv-4645-RS
[4:11-cv-2425-RS]

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Plaintiff,

STIPULATION TO CONSOLIDATE
CASES AND VACATE CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER

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v.
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VERTICAL COMPUTER SYSTEMS, INC.,
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Defendant.
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Defendant, Vertical Computer Systems, Inc. ("Vertical") and Plaintiff, Interwoven Inc.
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("Interwoven") respectfully request that the Court consolidate the second action entitled, Vertical
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Computer Systems, Inc. v. Interwoven Inc., Case No. 4:11-cv-2425-RS (U.S. District Court for
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the Northern District of San Francisco) (“second action”) into the existing action entitled,

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Interwoven, Inc. v. Vertical Computer Systems, Inc., Case No. 3:10-cv-4645-RS (U.S. District
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Court for the Northern District of California, San Francisco Division) (“existing action”). While

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Defendant Interwoven Inc. opposes the request to consolidate in light of the existing action, it
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agrees to this stipulation based on representations by Vertical that it will voluntarily dismiss the
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second action (within three business days) when the Federal Circuit issues its order denying
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STIPULATION TO CONSOLIDATE CASES AND
VACATE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

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Vertical’s writ of mandamus in the existing action in an effort to reduce the burdens on this

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Court.1 Conversely, Vertical represents that when the Federal Circuit issues its order granting

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Vertical’s writ of mandamus in the existing action, it will transfer the second action back to the

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Texas court in which it was commenced, and seek to have the existing action dismissed.2

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These two actions present essentially the same issues, the second action being the

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transferred Vertical action which Vertical initiated in Texas and the existing action being the

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declaratory judgment action that Interwoven initiated.

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Vertical and Interwoven further request that the Court vacate the Case Management
Conference set for August 11, 2011, in the second action as they have already completed these

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matters in the existing action.

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Dated: August 4, 2011

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/s/ Bijal V. Vakil
Noah A. Brumfield
([e-mail])
Shamita D. Etienne-Cummings
([e-mail])
Bijal V. Vakil
([e-mail])
WHITE & CASE LLP
5 Palo Alto Square, 9th Floor
3000 El Camino Real
Palo Alto, CA 94306
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff, Interwoven, Inc.

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/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]

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Attorneys for Defendant Vertical Computer
Systems, Inc.

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Interwoven’s counsel has repeatedly unsuccessfully attempted in good faith through correspondence and
telephone discussions to obtain a withdrawal of the second action. Unfortunately, Vertical’s counsel refuses to
consent to the same.
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Vertical cannot agree to dismiss the second action because it is necessary to the appeal to the Federal
Circuit and matters related thereto.

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STIPULATION TO CONSOLIDATE CASES AND
VACATE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: August __, 2011

_______________________________
HONORABLE RICHARD SEEBORG
United States District Court

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STIPULATION TO CONSOLIDATE CASES AND
VACATE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER