Business Integration Technology, Inc. v. Mulesoft,Inc., et al

Filing 77

STIPULATION AND ORDER re 75 Stipulation re: Continuing the Case Management Conference, filed by Philip Bradley, MuleSoft, Inc. Case Management Conference set for 4/3/2012 10:00 AM in Courtroom E, 15th Floor, San Francisco.. Signed by Judge Elizabeth D Laporte on 1/3/2012. (kns, COURT STAFF) (Filed on 1/3/2012)

Case3:11-cv-04782-EDL Document75 Filed12/30/11 Page1 of 4

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CLAASSEN, Professional Corporation
John S. Claassen, Esq. (212954)
1999 Harrison St., Suite 2210
Oakland, CA 94612
Tel.: [phone]
Fax: [phone]

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Attorney for Defendants
MULESOFT, INC. and
PHILIP T. BRADLEY

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Plaintiff,
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v.
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MULESOFT, INC. & PHILIP T.
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BRADLEY,
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Defendants.
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____________________________________ )
BUSINESS INTEGRATION
TECHNOLOGY, INC.,

Case No. 3:11-cv-04782-EDL
STIPULATION & [PROPOSED]
ORDER CONTINUING INITIAL CASE
MANAGEMENT CONFERENCE &
RELATED DEADLINES AS MODIFIED

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STIPULATION & [PROPOSED] ORDER
CONTINUING INITIAL CASE MANAGEMENT
CONFERENCE & RELATED DEADLINES

3:11-cv-04782-EDL

Case3:11-cv-04782-EDL Document75 Filed12/30/11 Page2 of 4

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STIPULATION & [PROPOSED] ORDER CONTINUING INITIAL CASE
MANAGEMENT CONFERENCE & RELATED DEADLINES

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Defendants MuleSoft, Inc. and Philip T. Bradley (“Defendants”) and plaintiff Business

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Integration Technology (“Plaintiff”) hereby recite, stipulate, and agree pursuant to Civil Local

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Rules 7-12 and 16-2(d) as follows:

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RECITALS
A. This case was transferred from the Eastern District of Missouri on or around
September 16, 2011 (See Doc. 53).

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B. Soon after the transfer, the Court entered an Order Setting Initial Case Management

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for January 10, 2012 and ordered, among other things, that the parties meet and

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confer regarding initial disclosures by December 20, 2012 and serve initial

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disclosures no later than January 3, 2012.

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C. Plaintiff filed Document 70, its Second Amended Complaint, on or around December
19, 2011.
D. Defendants intend to file a motion to dismiss Document 70 pursuant to Federal Rule
of Civil Procedure 12(b)(6) or, in the alternative, move for judgment on the pleadings
pursuant to Federal Rule of Civil Procedure 12(c).

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E. Because of uncertainty regarding what allegations will survive the motion described
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above, there is a risk that dates set at the Initial Case Management Conference will be
delayed as a result of possible further amendments to the pleadings.
F. There is an additional risk of unnecessary disputes between the parties about the

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proper scope of discovery in light of their differences over the viability of certain

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allegations in the Second Amended Complaint.

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G. A continuance of the Initial Case Management Conference and of the conference of

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the parties until after the parties’ differences regarding the pleadings have been

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resolved is likely to reduce disputes between the parties about the scope of

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permissible discovery.

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STIPULATION & [PROPOSED] ORDER
CONTINUING INITIAL CASE MANAGEMENT
CONFERENCE & RELATED DEADLINES
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3:11-cv-04782-EDL

Case3:11-cv-04782-EDL Document75 Filed12/30/11 Page3 of 4

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H. Defendants have sought and received Plaintiff’s agreement to a continuance of: (i) the
Initial Case Management Conference; (ii) the parties’ conference pursuant to Federal
Rule of Civil Procedure 26(f); and (iii) the deadline for service of initial disclosures.
I. The agreement is conditioned on Defendants’ not proposing an alternative schedule
until such time as the Court enters an order granting or denying Defendants’ motion.

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STIPULATION

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Accordingly, the parties stipulate and agree as follows:

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1. The Initial Case Management Conference scheduled for January 10, 2012 is hereby

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vacated;

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2. The parties shall file a stipulation proposing an Initial Case Management Conference

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no later than 15 days following the entry of an order regarding Defendants’

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anticipated motion to dismiss.

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3. The December 20, 2011 deadline to meet and confer regarding initial disclosures and
the January 3, 2012 deadline for service of the parties Initial Disclosures are vacated.
The stipulation described in paragraph 2 shall propose deadlines for the parties to
meet and confer regarding initial disclosures and service of initial disclosures.
Respectfully submitted,
DATED: 12/30/2011

CLAASSEN, Professional Corporation

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By: /s/ John S. Claassen, Esq.
John S. Claassen, Esq.
Attorney for Defendants
MULESOFT, INC. & PHILIP T. BRADLEY

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DATED: 12/30/2011

MOSER & MARSALEK, P.C.

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By: /s/ Jennifer Betz, Esq.
Jennifer Betz, Esq. (admitted pro hac)
Attorneys for Plaintiff
BUSINESS INTEGRATION TECHNOLOGY,
INC.

STIPULATION & [PROPOSED] ORDER
CONTINUING INITIAL CASE MANAGEMENT
CONFERENCE & RELATED DEADLINES
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3:11-cv-04782-EDL

Case3:11-cv-04782-EDL Document75 Filed12/30/11 Page4 of 4

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[PROPOSED] ORDER
For good cause shown, the above stipulation of the parties is adopted as the Order of the

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Court. the Initial Case Management Conference is continued to April 3, 2012 at 10:00 a.m.

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IT IS SO ORDERED. AS MODIFIED.
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DATED:

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January 3, 2012

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used to file STIPULATION & [PROPOSED] ORDER CONTINUING INITIAL CASE
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CERTIFICATON

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Elizabeth D. Laporte
UNITED STATES MAGISTRATE JUDGE
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N
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MANAGEMENT CONFERENCE & RELATED DEADLINES. In compliance with General
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Order 45.X.B, I hereby attest that Jennifer Betz, Esq. has concurred in this filing.

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Respectfully submitted,

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DATED: 12/30/2011

S T RIC

CLAASSEN, Professional Corporation

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By: /s/ John S. Claassen
John S. Claassen, Esq.
Attorneys for Defendants
MULESOFT, INC. & PHILIP T. BRADLEY

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STIPULATION & [PROPOSED] ORDER
CONTINUING INITIAL CASE MANAGEMENT
CONFERENCE & RELATED DEADLINES
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3:11-cv-04782-EDL