Tristrata, Inc. v. Microsoft Corporation et al

Filing 29

ORDER GRANTING 28 Stipulationto Continue Case Management Conference. Case Management Statement due by 2/10/2012. Initial Case Management Conference set for 2/17/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 12/14/11. (jjoS, COURT STAFF) (Filed on 12/14/2011)

Case3:11-cv-03797-JSW Document28

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Filed12/13/11 Page1 of 4

Eric L. Wesenberg (SBN 139696)
[e-mail]
Kenneth J. Halpern (SBN 187663)
[e-mail]
PERKINS COIE LLP
3150 Porter Drive
Palo Alto, CA 94304-1212
Telephone: [phone]
Facsimile: 650.838.4350
Christina J. McCullough (SBN 245944)
[e-mail]
PERKINS COIE LLP
1201 Third Avenue, Suite 4800
Seattle, WA 98101-3099
Telephone: [phone]
Facsimile: 206.359.9000
Attorneys for Defendant
Microsoft Corporation

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Of Counsel:
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Stephen P. McGrath (SBN 202696)
[e-mail]
MICROSOFT CORPORATION
Building 8
One Microsoft Way
Redmond, WA 98052-6399
Telephone: [phone]

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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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Case No. CV 11-3797 JSW
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TRISTRATA, INC., a California
corporation,

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Plaintiff,

STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER

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

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Date:
Time:
Dept.:
Before:

February 3, 2012
1:30 p.m.
Courtroom 11, 19th Floor
Honorable Jeffrey S. White

Defendants.

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41826-3035/LEGAL22276003.1

STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE AND [PROPOSED]
ORDER, NO. CV 11-3797 JSW

Case3:11-cv-03797-JSW Document28

Filed12/13/11 Page2 of 4

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WHEREAS, the Case Management Conference is currently set for February 3, 2012 at

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1:30 p.m. and the parties’ Joint Case Management Statement and Rule 26(f) Report are due

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January 27, 2012; and

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WHEREAS, counsel for Microsoft has determined that he has a scheduling conflict that

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renders him unavailable on February 3, 2012, due to an obligation that arose prior to the Court’s

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setting of the Case Management Conference;

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WHEREAS, counsel for all parties to this matter believe that this scheduling conflict

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constitutes good cause for extending the Case Management Conference date and have further

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agreed to a two (2) week extension of the Case Management Conference to accommodate said

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scheduling conflict;
WHEREAS, the two-week extension continuing the Case Management Conference
constitutes a minimal delay that will not alter any deadline already fixed by Court order; and

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WHEREAS, the parties are actively investigating the case, have maintained friendly and

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open lines of communication with each other, and expect to use to the additional time to engage

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in further productive discussions;

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NOW, THEREFORE, subject to the Court’s approval, the parties Stipulate and Agree as
follows:
1.

The Case Management Conference should be continued from February 3, 2011, at

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1:30 p.m., to February 17, 2011, at 1:30 p.m., or to such other date and time as are convenient for

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the Court;

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2.

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The corresponding deadline to file the Joint Case Management Statement and Rule

26(f) Report should be continued to February 10, 2012; and
3.

The corresponding deadline for the parties to meet and confer pursuant to Fed. R.

Civ. Proc. 26(f) and ADR L.R. 3-5 should be continued to January 27, 2012.

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41826-3035/LEGAL22276003.1

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STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER, NO. CV 11-3797 JSW

Case3:11-cv-03797-JSW Document28

Filed12/13/11 Page3 of 4

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DATED: December 13, 2011

PERKINS COIE LLP
By:

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/s/ Eric L. Wesenberg
Eric L. Wesenberg

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Attorneys for Defendant
Microsoft Corporation

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DATED: December 13, 2011

FEINBERG DAY ALBERTI & THOMPSON LLP

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By:

/s/ Ian N. Feinberg
Ian N. Feinberg

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Attorneys for Defendant
Adobe Systems Incorporated

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DATED: December 13, 2011

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HAUSFELD LLP
By:

/s/ Bruce Wecker
Bruce Wecker

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Attorneys for Plaintiff
TriStrata Incorporated

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I, Eric L. Wesenberg, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the
concurrence to the filing of this document has been obtained from each signatory hereto.

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DATED: December 13, 2011

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PERKINS COIE LLP
By:

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/s/ Eric L. Wesenberg
Eric L. Wesenberg
Attorneys for Defendant
Microsoft Corporation

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41826-3035/LEGAL22276003.1

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STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER, NO. CV 11-3797 JSW

Case3:11-cv-03797-JSW Document28

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Filed12/13/11 Page4 of 4

[PROPOSED] ORDER
PURSUANT TO THE FOREGOING STIPULATION OF THE PARTIES, AND
WITH GOOD CAUSE APPEARING, IT IS ORDERED THAT:
1.

The Case Management Conference is continued from February 3, 2011, at 1:30

p.m., to February 17, 2011, at 1:30 p.m.;
2.

The corresponding deadline to file the Joint Case Management Statement and Rule

26(f) Report is continued to February 10, 2012; and
3.

The corresponding deadline for the parties to meet and confer pursuant to Fed. R.

Civ. Proc. 26(f) and ADR L.R. 3-5 is continued to January 27, 2012.

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December 14, 2011
DATED: ____________________________

_______________________________
Honorable Jeffrey S. White
United States District Judge

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41826-3035/LEGAL22276003.1

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STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER, NO. CV 11-3797 JSW