Nimbus Data Systems, Inc. v. Nimble Storage, Inc.

Filing 67

STIPULATION AND ORDER RE 65 RESCHEDULING CASE MANAGEMENT CONFERENCE AND VACATING DEADLINES ESTABLISHED IN REVISED CASE MANAGEMENT ORDER IN LIGHT OF TENTATIVE SETTLEMENT. Case Management Conference set for 5/10/2012 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 3/27/12. (cl, COURT STAFF) (Filed on 3/28/2012)

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MORRISON & FOERSTER LLP
JENNIFER LEE TAYLOR (161368) ([e-mail])
JULIA D. KRIPKE (267436) ([e-mail])
425 Market Street
San Francisco, CA 94105-2482
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
NIMBUS DATA SYSTEMS, INC.

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COOLEY LLP
JANET L. CULLUM (104336) ([e-mail])
ANGELA L. DUNNING (212047) ([e-mail])
AARON M. FENNIMORE (251602) ([e-mail])
Five Palo Alto Square
3000 El Camino Real
Palo Alto, CA 94306
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
NIMBLE STORAGE INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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NIMBUS DATA SYSTEMS, INC., a
Delaware corporation,

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Plaintiff,
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v.
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NIMBLE STORAGE INC., a Delaware
corporation,

Case No. C11-01214 RS
STIPULATION AND [PROPOSED] ORDER
RESCHEDULING CASE MANAGEMENT
CONFERENCE AND VACATING
DEADLINES ESTABLISHED IN REVISED
CASE MANAGEMENT ORDER IN LIGHT
OF TENTATIVE SETTLEMENT

Defendant.

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STIP. AND [PROPOSED] ORDER RESCHEDULING
CMC AND VACATING DEADLINES
C-11-01214 RS

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Pursuant to Civil Local Rules 6-2 and 7-12, plaintiff Nimbus Data Systems, Inc. and

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defendant Nimble Storage Inc. (collectively, the “Parties”), by and through their respective

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counsel, hereby stipulate as follows:

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WHEREAS, after lengthy settlement negotiations, the Parties have reached an agreement in

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principal to settle the above-entitled action, subject to finalizing and executing a written

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settlement agreement;

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WHEREAS, a Subsequent Case Management Conference (“CMC”) is currently set in this
Action for April 5, 2012 at 10:00 a.m.;

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WHEREAS, the Parties expect that a written settlement agreement will be finalized and
executed shortly;

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WHEREAS, in the interests of judicial economy, the Parties have agreed, subject to the

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Court’s approval, that: (a) all deadlines set forth in the Court’s December 13, 2011 Revised Case

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Management Order, including without limitation the deadlines relating to discovery, summary

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judgment and trial, shall be vacated; (b) the CMC currently set for April 5, 2012 shall be
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postponed to May 3, 2012 at 10:00 a.m., or such other date and time that may be convenient for

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the Court, so as to allow the Parties an opportunity to finalize the settlement agreement and

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effectuate the dismissal of this case.

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NOW THEREFORE, IT IS HEREBY STIPULATED

AGREED between the Parties, by and

through their respective counsel of record, subject to the approval of the Court, that:

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AND

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All deadlines set forth in the Revised Case Management Order entered on

December 13, 2011 are vacated;

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2.

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The CMC is moved to May 3, 2012 at 10:00 a.m., or such other date and time as

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may be convenient for the Court; and

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STIP. AND [PROPOSED] ORDER RESCHEDULING
CMC AND VACATING DEADLINES
C-11-01214 RS

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3.

The parties will immediately notify the Court when the settlement has become

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final and the case is dismissed so that the rescheduled CMC can be taken off-calendar.

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IT IS SO STIPULATED.

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Dated: March 27, 2012

MORRISON & FOERSTER LLP

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/s/ Christina Chen
Christina Chen

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Attorneys for Plaintiff
NIMBUS DATA SYSTEMS, INC.

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Dated: March 27, 2012

COOLEY LLP

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/s/ Angela L. Dunning
Angela L. Dunning

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Attorneys for Defendant
NIMBLE STORAGE INC.

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FILER’S ATTESTATION

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Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that

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all parties have concurred in the filing of this Stipulation and [Proposed] Order Rescheduling

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Case Management Conference and Vacating Deadlines Established in Revised Case Management

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Order in Light of Tentative Settlement.

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Dated: March 27, 2012

COOLEY LLP
/s/ Angela L. Dunning
Angela L. Dunning

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Attorneys for Defendant
NIMBLE STORAGE INC.

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IT IS SO ORDERED.

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3/27/12
Dated: ____________________

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______________________________________
Honorable Richard Seeborg
United States District Judge

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1017863 v1/HN

2.

STIP. AND [PROPOSED] ORDER RESCHEDULING
CMC AND VACATING DEADLINES
C-11-01214 RS