DSSDR, LLC et al v. Zenith Infotech Ltd et al

Filing 27

ORDER GRANTING AS MODIFIED 25 STIPULATION FOR CHANGE OF OPPOSING AND REPLY SCHEDULES ON (1) MOTIONS BY ZENITH INFOTECH AND AKASH SARAF TO DISMISS AND TO DISMISS THE COMPLAINT OR TRANSFER CASE TO ANOTHER VENUE AND (2) MOTION BY CONTINUUM, MICHAEL GEORGE AN D SUMMIT PARTNERS TO TRANSFER VENUE. Signed by Judge JEFFREY S. WHITE on 10/15/12. (jjoS, COURT STAFF) (Filed on 10/15/2012)

Case3:12-cv-04336-JSW Document25 Filed10/12/12 Page1 of 4

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PAUL J. STEINER, ESQ. (SBN 41117)
LAW OFFICES OF PAUL J. STEINER
550 California Street
Sacramento Tower, Suite 700
San Francisco, California 94104
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Plaintiffs
DSSDR, LLC and
ANDREW G. BENSINGER

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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DSSDR, LLC, a Florida Corporation; and
ANDREW G. BENSINGER, an Individual,

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Plaintiffs,

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vs.
ZENITH INFOTECH LTD, an Indian,
Corporation; AKASH SARAF, an
Individual; CONTINUUM MANAGED
SERVICES, LLC, a Delaware Corporation;
fka ZENITH RMM; MICHAEL GEORGE,
an Individual; SUMMIT PARTNERS, L.P.,
a Delaware Limited Partnership; and,
DOES 1 through 200, inclusive,
Defendants.

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Case No.: CV 12-4336 JSW
STIPULATION FOR CHANGE OF
OPPOSING AND REPLY SCHEDULES
ON (1) MOTIONS BY ZENITH
INFOTECH AND AKASH SARAF TO
DISMISS AND TO DISMISS THE
COMPLAINT OR TRANSFER CASE TO
ANOTHER VENUE AND (2) MOTION
BY CONTINUUM, MICHAEL GEORGE
AND SUMMIT PARTNERS TO
TRANSFER VENUE
and
ORDER
Date:
Time:
Dept:
Judge:

December 14, 2012
9:00 AM
Courtroom 11
Hon. Jeffrey S. White

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STIPULATION

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WHEREAS, Plaintiffs commenced this action in the Superior Court of California for the
County of Alameda on August 6, 2012;

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STIPULATION AND ORDER ON MOTIONS SET FOR HEARING 12/14/12
DSSDR v. Zenith Infotech LTD, et al., Case No. C 12-04334 JSW

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Case3:12-cv-04336-JSW Document25 Filed10/12/12 Page2 of 4

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WHEREAS, the matter was removed to the United States District Court for the Northern
District of California, San Francisco Division on August 16, 2012;

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WHEREAS, on August 29, 2012 plaintiffs and defendants Continuum Managed Services,

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LLC, Michael George and Summit Partners, L.P. (the “Continuum Defendants”) entered into a

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stipulation extending the Continuum Defendants’ time to move, answer or otherwise respond to

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the complaint;

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WHEREAS, on September 5, 2012 plaintiffs and defendants Zenith Infotech and Akash

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Saraf (the “Infotech Defendants”) entered into a stipulation extending the Infotech Defendants’

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time to move, answer or otherwise respond to the complaint;

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WHEREAS, on October 4, 2012, the Infotech Defendants filed their motion to dismiss

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for improper venue pursuant to Federal Rule of Civil Procedure 12(b)(3) and 28 U.S.C. §

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1406(a) or, alternatively, to transfer venue pursuant to 28 U.S.C. § 1406(a) or, alternatively, to

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transfer venue pursuant to 28 U.S.C. § 1404(a) and, as to Akash Saraf, to dismiss for lack of

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personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2) (the “Infotech

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Motion”), which is set for hearing on December 14, 2012;

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WHEREAS, on October 4, 2012, the Continuum Defendants filed their Motion to

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Transfer Venue Pursuant to 28 U.S.C. § 1404 (the “Continuum Transfer Motion”), which is set

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for hearing on December 14, 2012;

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WHEREAS, on or before October 18, 2012 plaintiffs’ opposition or other opposing

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papers are due to be filed in response to the Infotech Motion and the Continuum Transfer

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Motion,

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WHEREAS, each of the motions is substantive and plaintiffs’ counsel is scheduled to be

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out of state from October 11, 2012 returning to his office on October 22, 2012 and needs and has

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requested additional time within which to prepare and file appropriate responses and defendants

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are amenable, subject to Court approval, to an alteration of the schedule for opposition papers of

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plaintiffs and reply papers of defendants to be filed, as set forth below.

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NOW, THEREFORE, IT IS STIPULATED AND AGREED, subject to approval by
the Court, as follows:
STIPULATION AND ORDER ON MOTIONS SET FOR HEARING 12/14/12
DSSDR v. Zenith Infotech LTD, et al., Case No. C 12-04334 JSW

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Case3:12-cv-04336-JSW Document25 Filed10/12/12 Page3 of 4

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1.

Plaintiffs shall file their opposition to the Infotech Motion by November 9, 2012;

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2.

Plaintiffs shall file their opposition to the Continuum Transfer Motion by

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November 12, 2012;
3.

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The Infotech Defendants shall file their reply papers in support of the Infotech
Motion by November 30, 2012;

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The Continuum Defendants shall file their reply papers in support of the
Continuum Transfer Motion by November 30, 2012.

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IT IS SO STIPULATED.

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DATED: October 12, 2012

LAW OFFICES OF PAUL J. STEINER

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By: _______/s/____________________________
PAUL J. STEINER
Attorneys for Plaintiffs DSSDR, LLC and
ANDREW G. BENSINGER

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DATED: October 12, 2012

GORDON & REES LLP

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By: _______/s/____________________________
GORDON I. ENDOW
Attorneys for Defendants
ZENITH INFOTECH and AKASH SARAF

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DATED: October 12, 2012

WEIL, GOTSHAL & MANGES LLP

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By: ______/s/_____________________________
RICHARD W. SLACK
Attorneys for Defendants CONTINUUM
MANAGED SERVICES, LLC, MICHAEL
GEORGE and SUMMIT PARTNERS, L.P.

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STIPULATION AND ORDER ON MOTIONS SET FOR HEARING 12/14/12
DSSDR v. Zenith Infotech LTD, et al., Case No. C 12-04334 JSW

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Case3:12-cv-04336-JSW Document25 Filed10/12/12 Page4 of 4

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ORDER

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Pursuant to the stipulation of the parties and good cause appearing, IT IS ORDERED that

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the opposing and reply paper due dates for the motions set for hearing on December 14, 2012 are

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altered and reset as follows:
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Plaintiffs shall file their opposition to the Infotech Motion by November 9, 2012;

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1.

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2.

Plaintiffs shall file their opposition to the Continuum Transfer Motion by
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November 12, 2012;

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The Infotech Defendants shall file their reply papers in support of the Infotech
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Motion by November 30, 2012;

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The Continuum Defendants shall file their reply papers in support of the
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Continuum Transfer Motion by November 30, 2012.

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DATED: October ___, 2012

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__________________________________
JEFFERY S. WHITE, Judge
United States District Court
Northern District of California

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STIPULATION AND ORDER ON MOTIONS SET FOR HEARING 12/14/12
DSSDR v. Zenith Infotech LTD, et al., Case No. C 12-04334 JSW

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