Tristrata, Inc. v. Microsoft Corporation et al

Filing 27

ORDER GRANTING 25 Stipulation TO EXTEND TIME FOR PLAINTIFF TO RESPOND TO DEFENDANT ADOBE SYSTEM INC.'S NOTICE OF MOTION AND MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, OR, IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT. Signed by Judge JEFFREY S. WHITE on 12/9/11. (jjoS, COURT STAFF) (Filed on 12/9/2011)

Case3:11-cv-03797-JSW Document25

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Filed12/07/11 Page1 of 3

BRUCE WECKER (SBN 078530)
CHRISTOPHER LEBSOCK (SBN 184546)
HAUSFELD LLP
44 Montgomery Street, Suite 3400
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

Attorneys for Plaintiff TRISTRATA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TRISTRATA, INC., a California
corporation,

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Plaintiff,
v.
MICROSOFT CORPORATION, a
Washington corporation and ADOBE
SYSTEMS INCORPORATED, a Delaware
corporation,

Case No. CV-11-3797 JSW
STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME FOR PLAINTIFF TO
RESPOND TO DEFENDANT ADOBE
SYSTEM INC.’S NOTICE OF MOTION
AND MOTION TO DISMISS FOR FAILURE
TO STATE A CLAIM, OR, IN THE
ALTERNATIVE, MOTION FOR A MORE
DEFINITE STATEMENT
Complaint Filed: August 1, 2011

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Defendants.

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Date:
Time:
Dept:

March 23, 2012
9:00 a.m.
Courtroom 11, 19th Floor

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Plaintiff TriStrata, Inc. (“Plaintiff”) and defendant Adobe Systems Incorporated

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(“Defendant”) (collectively “the Parties”), hereby stipulate through their respective counsel of

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record as follows:

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WHEREAS, on November 18, 2011, Defendant served its Notice of Motion and Motion to
Dismiss for Failure to State a Claim, or, in the Alternative, Motion for a More Definite Statement;

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Memorandum of Points and Authorities in Support Thereof (“Motion to Dismiss”), upon
Plaintiff;

STIP & [PROPOSED] ORDER TO EXTEND TIME FOR PLTF.
TO RESPOND TO DEF.’S MOTION TO DISMISS

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CASE NO. CV-11-3797 JSW

Case3:11-cv-03797-JSW Document25

Filed12/07/11 Page2 of 3

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WHEREAS, on November 21, 2011, Defendant filed a Renotice of Motion to Dismiss for

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Failure to State a Claim, or, in the Alternative, Motion for a More Definite Statement, which

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moved the hearing for this Motion to Dismiss to March 23, 2012;

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WHEREAS, the hearing date for this Motion to Dismiss will not be delayed and will
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remain set for March 23, 2012;
WHEREAS, no trial date has yet been set in this action;

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I.

GOOD CAUSE JUSTIFIES THE REQUESTED EXTENSION

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Defendant’s Motion to Dismiss is directed at the indirect infringement allegations of the

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Complaint. The only other defendant in the case, Microsoft Corporation, has answered the

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complaint. Plaintiff is investigating the possible addition of new material in amendment of the

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complaint and discussing with counsel for Defendant Adobe System a stipulation for the filing of
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an Amended Complaint which may moot the motion. The requested 14-day extension in the time

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for Plaintiff to respond to the Motion to Dismiss is justified in that Plaintiff’s investigation

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requires consultation with former employees of the Plaintiff, all of whom have full time

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employment with companies with no interest in this suit. The requested extension will not impact

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the schedule in the case as a whole since the motion is not scheduled to be heard until March 23.

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II.

CONCLUSION

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Good cause being shown, the Parties request that Plaintiff be permitted an additional 14
days, to and including December 16, 2011 to file its response to the Motion to Dismiss, and

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Defendant’s reply brief be due on or before January 6, 2012.

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Dated: December 7, 2011

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HAUSFELD LLP
By: /s/
Bruce Wecker
Bruce Wecker
Attorneys for Plaintiff TriStrata, Inc.

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STIP & [PROPOSED] ORDER TO EXTEND TIME FOR
PLTF. TO RESPOND TO DEF.’S MOTION TO DISMISS

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CASE NO. CV-11-3797 JSW

Case3:11-cv-03797-JSW Document25

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Filed12/07/11 Page3 of 3

ADOBE SYSTEMS INCORPORATED

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By: /s/
Ian N. Feinberg
Ian N. Feinberg (SBN 88324)
Yakov Zolotorev (SBN 220625)
Marc Belloli (SBN 244290)
FEINBERG DAY ALBERTI & THOMPSON LLP
401 Florence Street, Suite 200
Palo Alto, CA 94301
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant Adobe Systems Incorporated

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IT IS SO ORDERED.

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____________________________________

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Hon. Jeffrey S. White
United States District Court Judge

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I, Bruce Wecker, am the ECF user whose ID and password are being used to file this
STIPULATION AND [PROPOSED] TO EXTEND TIME FOR PLAINTIFF TO
RESPOND TO DEFENDANT ADOBE SYSTEM INC.’S NOTICE OF MOTION AND
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, OR, IN THE
ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT
I hereby attest pursuant to General Order 45.X.B. that concurrence in the electronic filing
of this document has been obtained from the other signatories.

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DATED: December 7, 2011

/s/

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Bruce Wecker
Bruce Wecker

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STIP & [PROPOSED] ORDER TO EXTEND TIME FOR
PLTF. TO RESPOND TO DEF.’S MOTION TO DISMISS

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CASE NO. CV-11-3797 JSW