ADT Security Services, Inc. v. Security One International, Inc. et al

Filing 31

STIPULATION AND ORDER re 29 Stipulation filed by ADT Security Services, Inc.. Signed by Judge James Ware on 11/17/11. (Attachments: # 1 Certificate/Proof of Service)(sis, COURT STAFF) (Filed on 11/17/2011)

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Harry "Hap" P. Weitzel, Esq. (SBN 149934)
PEPPER HAMIL TON LLP
4 Park Plaza, Suite 1200
Irvine, CA 92614-5955
Tel.: [phone]
Fax: [phone]
[e-mail]
M. Kelly Tillery, Esq. I
Noah S. Robbins, Esq. I
PEPPER HAMIL TON LLP
3000 Two Logan Square
Eighteenth and Arch Streets
Philadelphia, PA 19103-2799
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff ADT Security Services, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

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ADT SECURITY SERVICES, INC.,
Plaintiff,
vs.

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SECURITY ONE INTERNATIONAL, INC.,
FRANK GARDINER, CLAUDIO HAND,
MARCOS HAND and THOMAS NEMETH,

CIVIL ACTION No. C 11-05149 JW

STIPULATION CONCERNING DATES
AND MOTION FOR EXPEDITED
DISCOVERY

JURY TRIAL DEMANDED

Defendants.

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Plaintiff, ADT SECURITY SERVICES, INC.("Plaintiff") and Defendants SECURITY
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ONE INTERNATIONAL, INC., FRANK GARDINER and CLAUDIO HAND,("Defendants")

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by and through counsel hereby stipulate to the following, and request that the Court adopt this

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stipulation as an order of the Court.

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Pro Hac Vice Applications pending.

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STIPULA TION FOR
AGREED PRELIMINARY INJUNCTION

Case No. C-II-OSI49-JW

The Plaintiff and Defendants have previously stipulated to the tenns of a Preliminary

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Injunction, which has been electronically filed with this court. They have continued to meet and
confer and make this stipulation concerning other matters.

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1.

Plaintiff and Defendants stipulate that notwithstanding any other provision of the

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FRCP or previous Court directive concerning timing of a response to Plaintiffs complaint,

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Defendants' responsive pleading, without waiver of any objection available to Defendants

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(including, but not limited to venue and jurisdiction), shall be due on Monday DECEMBER 19,

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2011.

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2.
3.

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Plaintiff withdraws its Motion for Expedited Discovery.
The Case Management Conference set for FEBRUARY 6, 2012 remams on

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calendar, and the Court has reserved time at that hearing to address further matters that may relate
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to the Preliminary Injunction, if any.
So Stipulated.

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Dated:

NDvem/XY /5" , 2011

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By

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I/!er /lJtJ¥JM:

Ha y P. "Hap'

eftzel

Attorneys for PlaintiffADT Security
Services, Inc.

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PEPPER HAMIL TON LLP

Dated: November 15,2011

MURCHISON & CUMMING LLP

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By: lsi Valarie H. Jonas
Valarie H. Jonas
Attorneysfor Defendants Security One
International, Inc., Frank Gardiner and
Claudio Hand

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STIPULA TION AND ORDER CONCERNING DATES AND MOTION FOR EXPEDITED DISCOVERY
Case No. C-II-OS149-JW

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The Court, having heard the arguments of counsel at the hearing on November 14,
2011, hereby accepts the stipulation as an order of the court.

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11/17/11
Dated:- - - - -

Signed:

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Hon. James Ware, United States
District Court Judge

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STIPULA TION AND ORDER CONCERNING DATES AND MOTION FOR EXPEDITED DISCOVERY
Case No. C-II-OSI49-JW

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PROOF OF SERVICE
F.R.C.P.5/C.C.P. § 1013a(3)/Cal. R. Ct. R. 2.260

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I am a resident of, or employed in, the County of Orange. I am over the age of 18 and not a party
to this action. My business address is: Pepper Hamilton LLP, Suite 1200, 4 Park Plaza, Irvine,
CA 92614-5955.
On November 15,2011, I served the following listed document(s), by method indicated below,
on the parties in this action:

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STIPULATION CONCERNING DATES AND MOTION FOR EXPEDITED
DISCOVERY

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SEE ATTA CHED SERVICE LIST

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[g] BY U.S. MAIL

o BY FACSIMILE
Before 5:00 p.m. on said date, I caused said
document(s) to be transmitted by facsimile. The
telephone number of the sending facsimile machine
was [phone]. The name(s) and facsimile
machine telephone number(s) of the person(s) served
are set forth in the service list. The document was
transmitted by facsimile transmission, and the sending
facsimile machine properly issued a transmission
report confirming that the transmission was complete
and without error.

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By placing 0 the original / [g] a true copy thereof
enclosed in a sealed envelope(s), with postage fully
prepaid, addressed as per the attached service list, for
collection and mailing at Pepper Hamilton LLP, Suite
1200,4 Park Plaza, Irvine, CA 92614-5955, following
ordinary business practices. I am readily familiar with
Pepper Hamilton LLP's practice for collection and
processing of documents for mailing. Under that
practice, the document is deposited with the United
States Postal Service on the same day as it is collected
and processed for mailing in the ordinary course of
business.

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By electronically transmitting the documents) listed
above to the email addressees) of the person(s) set
forth on the attached service list from the email
address [e-mail] at approximately
_ _ _ . To my knowledge, the transmission was
reported as complete and without error. Service by
email was made 0 pursuant to agreement of the
parties, confirmed in writing, or 0 as an additional
method of service as a courtesy to the parties or 0
pursuant to Court Order. See Cal. R. Ct. R. 2.260.

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BY OVERNIGHT DELIVERY

By delivering the document(s) listed above in a sealed
envelopes) or package(s) designated by the express
service carrier, with delivery fees paid or provided for,
addressed as per the attached service list, to a facility
regularly maintained by the express service carrier or
to an authorized courier or driver authorized by the
express service carrier to receive documents.
Note: Federal Court requirement: service by overnight
delivery was made 0 pursuant to agreement of the
parties, confirmed in writing, or 0 as an additional
method of service as a courtesy to the parties or 0
pursuant to Court Order.

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BYE-MAIL

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I declare under penalty of peljury under the laws of the State of California and the United States
of America that the above is true and correct.

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Executed on November 15,2011, at Irvine, California.

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Jennifer S. Allen
Type or Print Name

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#15175822 vI

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SERVICE LIST
THOMAS NEMETH
21250 Hawthorne Boulevard, Suite 500
Torrance, California 90503

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#15175822 vI

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