Adobe Systems Incorporated v. Rene et al

Filing 30

ORDER granting 29 STIPULATION WITH PROPOSED ORDER to Extend ADR Deadline and Continue Case Management Conference filed by Isaac Abady, Francis Pierre. ADR deadline is extended to 11/30/2012. Further Case Management Conference reset for 12/14/2012 08:30 AM in Courtroom 6, 17th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 9/28/2012. (beS, COURT STAFF) (Filed on 10/1/2012)

Case3:11-cv-03885-CRB Document29 Filed09/25/12 Page1 of 4

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J. Andrew Coombs (SBN 123881)
[e-mail]
Nicole L. Drey (SBN 250235)
[e-mail]
J. Andrew Coombs, A P. C.
517 East Wilson Avenue, Suite 202
Glendale, California 91206
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
Adobe Systems Incorporated
Andrew D. Winghart (SBN 225099)
[e-mail]
Winghart Law Group
495 Seaport Court, Suite 104
Redwood City, California 94063
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants Francis Pierre and
Futursoft Solutions, Inc., erroneously sued
as Francis Pierre, an individual and d/b/a
www.futursoftsolutions.com, Isaac Abady
and Computer Software Plus, Inc.,
erroneously sued as Isaac Abady a/k/a Ike
Abady a/k/a Ike Abadi a/k/a Ike Ababi, an
individual and d/b/a
www.topdealscenter.com and Top Deals
Center

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO)

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Adobe Systems Incorporated,
v.

Plaintiff,

Matthew Rene, et al.,

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Defendants.

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Adobe v. Rene, et al.: Stipulation to Extend ADR Deadline and
Continue CMC

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Case No. C11-3885 CRB
STIPULATION TO EXTEND ADR
DEADLINE AND CONTINUE
FURTHER CASE MANAGEMENT
CONFERENCE AND [PROPOSED]
ORDER
Current ADR Deadline: Sept. 30, 2012
CMC:
Time:
Court:

October 19, 2012
8:30 a.m.
Hon. Charles R. Breyer

Case3:11-cv-03885-CRB Document29 Filed09/25/12 Page2 of 4

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PLAINTIFF Adobe Systems Incorporated (“Adobe”), by and through its counsel of record,
and Defendants Francis Pierre and Futursoft Solutions, Inc., erroneously sued as Francis Pierre, an
individual and d/b/a www.futursoftsolutions.com, Isaac Abady and Computer Software Plus, Inc.,

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erroneously sued as Isaac Abady a/k/a Ike Abady a/k/a Ike Abadi a/k/a Ike Ababi, an individual

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and d/b/a www.topdealscenter.com and Top Deals Center (collectively “Defendants”), by and

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through their counsel of record, hereby stipulate and request for an Order of the Court as follows:

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WHEREAS as a result of the death of counsel Andrew Winghart’s father occurred in July

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2012, thus preventing the previously scheduled mediation in this matter;
WHEREAS the Court ordered the extension of the Mediation Deadline until September 30,
2012 and a Further Case Management Conference on October 19, 2012, to occur after mediation
had taken place [Docket No. 28];
WHEREAS the parties’ counsel and the appointed Neutrals engaged in further discussions
on August 15, 2012, and several problems in securing a date were encountered
WHEREAS the parties engaged in a good-faith effort to secure a date within the Mediation
Deadline, but the Defendants were unable to attend any mediation date available to the appointed
neutrals and Plaintiff before the end of the Mediation Deadline as Defendant Abady is an observant

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and Orthodox practicing member of the Jewish faith and as such for religious reasons was unable
to attend any mediations in the last two weeks of September as well as many dates in October, and

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Defendant Pierre had planned his personal vacation and his shared custody agreement for his son

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around the prior mediation date of July which had to be vacated;

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WHEREAS the results of the schedule conflicts of the Defendants resulted in an inability to
secure a date available for all parties and their counsel during this August 15, 2012 conference,
WHEREAS through the further efforts of counsel and mediators in the following weeks, all

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parties agreed to hold the mediation in November;
Adobe v. Rene, et al.: Stipulation to Extend ADR Deadline and
Continue CMC

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Case3:11-cv-03885-CRB Document29 Filed09/25/12 Page3 of 4

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WHEREAS the parties were able to secure a date for the mediation of this case, and have
scheduled the same for November 28, 2012 and Notice of this date has been served on all parties;
WHEREAS the confirmation of this confirmation of a new mediation date was served on

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September 20, 2012 and as such the parties have not inappropriately delayed in bringing this matter
to the Court’s attention;
WHEREAS extending the ADR deadline by sixty (60) days and continuing the Case

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Management Conference until after the mediation will allow the Parties sufficient time to attempt

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to resolve this matter without further intervention of the Court; and

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WHEREAS no other Court deadlines will be affected by an extension of the ADR deadline
or continuation of the Case Management Conference.
NOW, THEREFORE, for good cause Adobe and Defendants stipulate and respectfully

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request the Court extend the ADR deadline to November 30, 2012, and continue the Joint Case

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Management Conference until December 14, 2012 or a date thereafter acceptable with the Court.

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IT IS SO STIPULATED.

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DATED: _September 25, 2012_

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By: __________/s/______________________
J. Andrew Coombs
Nicole L. Drey
Attorneys for Plaintiff

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J. Andrew Coombs, A Professional Corp.

DATED: __ September 25, 2012__

Winghart Law Group

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By: __________/s/_____________________
Andrew D. Winghart
Attorneys for Defendants

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Adobe v. Rene, et al.: Stipulation to Extend ADR Deadline and
Continue CMC

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Case3:11-cv-03885-CRB Document29 Filed09/25/12 Page4 of 4

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shall be continued to ______________________________.
December 14, 2012 at 8:30 a.m.

DATED: _______________, 2012
September 28

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IT IS

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ER

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Adobe v. Rene, et al.: Stipulation to Extend ADR Deadline and
Continue CMC

yer

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Judge C

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Hon. Charles R. Breyer D
D E
UNITED STATES ER
SO OR DISTRICT JUDGE

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UNIT
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November 30, 2012
______________________________. It is further ordered that the Case Management Conference

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PURSUANT TO REQUEST, IT IS HEREBY ORDERED that the ADR Deadline is extended to

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[PROPOSED] ORDER

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