Nextdoor.com, Inc. v. Abhyanker

Filing 28

STIPULATION AND ORDER re 27 to Continue Initial CMC to April 18, 2013 filed by Raj Abhyanker Case Management Statement due by 4/11/2013. Case Management Conference set for 4/18/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 2/19/13. (bpfS, COURT STAFF) (Filed on 2/19/2013)

Case3:12-cv-05667-EMC Document27 Filed02/14/13 Page1 of 3

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BRUNO W. TARABICHI, CA State Bar No. 215129
[e-mail]
KUSCHA HATAMI, CA State Bar No. 282954
[e-mail]
LEGALFORCE RAJ ABHYANKER, P.C.
1580 W. El Camino Real, Suite 13
Mountain View, California 94040
Telephone: [phone]
Facsimile: 650.989.2131

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Attorneys for Defendant
Raj Abhyanker

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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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NEXTDOOR.COM, INC., a Delaware
corporation,
Plaintiff,

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RAJ ABHYANKER, an individual,

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Case Filed: November 5, 2012
Judge:
Honorable Edward M. Chen

Defendant.
RAJ ABHYANKER, an individual,
Counterclaimant,

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STIPULATION TO CONTINUE INITIAL
CASE MANAGEMENT CONFERENCE

vs.

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Case No. 3:12-cv-05667-EMC

vs.
NEXTDOOR.COM, INC., a Delaware
corporation; PRAKASH
JANAKIRAMAN, an individual;
BENCHMARK CAPITAL PARTNERS
VII, L.P., a Delaware limited partnership;
BENCHMARK CAPITAL
MANAGEMENT CO. VII LLC, a
Delaware limited liability company;
SANDEEP SOOD, an individual;
MONSOON COMPANY, an unknown
business entity, and DOES 1–50, inclusive;
Counterdefendants.

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STIPULATION TO MOVE CMC
(CASE NO. 3:12-cv-05667-EMC)

Case3:12-cv-05667-EMC Document27 Filed02/14/13 Page2 of 3

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Pursuant to Local Rule 6-2, Plaintiff Nextdoor.com, Inc. (“Nextdoor.com”) and Defendant

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Raj Abhyanker (“Abhyanker”), through their respective attorneys, hereby request that the Court

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continue the initial Case Management Conference from Thursday, March 7, 2013 at 9:00 a.m. to

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Thursday, April 18, 2013 at 9:00 a.m and that the associated deadlines also be continued

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commensurately as set forth in the Proposed Order.

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I.

Good cause exists for the requested continuance because parties have been added and

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have not yet been served

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On January 10, 2013, Abhyanker filed his Answer and Counterclaims, which added five

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new parties to this lawsuit, namely, Prakash Janakiraman, Benchmark Capital Partners VII, L.P.,

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Benchmark Capital Management Co. VII LLC, Sandeep Sood, and Monsoon Company. (Pacer

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Doc. 16.) On January 28, 2013, the Court issued a Summons for each of the newly added parties.

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(Pacer Docs. 21-25.)

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None of the five newly added parties have been served yet. However, Abhyanker is in the

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process of serving the newly added parties and expects service to be completed within the next

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week or so, provided that there are no unusual circumstances that would delay service.

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Based on the current schedule, the newly added parties will not have been served and will

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not have appeared in this case in time to participate in the 26(f) discovery conference, the ADR

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process selection, the 26(f) Report, the case management statement, initial disclosures, or the

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initial Case Management Conference. Accordingly, Nextdoor and Abhyanker believe that it will

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more efficient and a better use of both the parties’ and Court’s time and resources to continue the

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initial Case Management Conference and associated deadlines to allow the newly added parties to

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be served and appear so that they can participate in setting a schedule for this case, selecting an

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ADR process, and the initial Case Management Conference.

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II.

Previous Time Modifications

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This is the first requested continuance of the Court’s January 28, 2013 Case Management

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Conference Order setting the initial Case Management Conference for March 7, 2013. The only

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other time modification in this case occurred when the case was reassigned from Judge Ryu to

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STIPULATION TO MOVE CMC
(CASE NO. 3:12-cv-05667-EMC)

Case3:12-cv-05667-EMC Document27 Filed02/14/13 Page3 of 3

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Judge Chen, which moved the initial Case Management Conference from February 6, 2013 to

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March 7, 2013.

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III.

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Effect of Requested Time Modification
Moving the initial Case Management Conference will have no substantive effect on the

schedule for this case because no other dates have been set as yet.

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***
For all the foregoing reasons, Nextdoor.com and Abhyanker respectfully request that the

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Court continue the initial Case Management Conference to April 18, 2013 at 9:00am and that the

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associated deadlines be moved commensurately.

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Dated: February 14, 2013

Respectfully submitted,
FENWICK & WEST LLP

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By /s/ Jennifer L. Kelly
Laurence F. Pulgram
Jennifer L. Kelly
Attorneys for Plaintiff
Nextdoor.com, Inc.

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Dated: February 14, 2013

Respectfully submitted,

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LEGALFORCE RAJ ABHYANKER, P.C.

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By

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/s/ Bruno W. Tarabichi
Bruno W. Tarabichi
Kuscha Hatami
Attorneys for Defendant
Raj Abhyanker

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STIPULATION TO MOVE CMC
(CASE NO. 3:12-cv-05667-EMC)

Case3:12-cv-05667-EMC Document27-1 Filed02/14/13 Page1 of 2

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BRUNO W. TARABICHI, CA State Bar No. 215129
[e-mail]
KUSCHA HATAMI, CA State Bar No. 282954
[e-mail]
LEGALFORCE RAJ ABHYANKER, P.C.
1580 W. El Camino Real, Suite 13
Mountain View, California 94040
Telephone: [phone]
Facsimile: 650.989.2131

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Attorneys for Defendant
Raj Abhyanker

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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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NEXTDOOR.COM, INC., a Delaware
corporation,
Plaintiff,

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vs.
RAJ ABHYANKER, an individual,

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Case Filed: November 5, 2012
Judge:
Honorable Edward M. Chen

RAJ ABHYANKER, an individual,
Counterclaimant,

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[PROPOSED] ORDER GRANTING
STIPULATION TO CONTINUE INITIAL
CASE MANAGEMENT CONFERENCE

Defendant.

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Case No. 3:12-cv-05667-EMC

vs.
NEXTDOOR.COM, INC., a Delaware
corporation; PRAKASH
JANAKIRAMAN, an individual;
BENCHMARK CAPITAL PARTNERS
VII, L.P., a Delaware limited partnership;
BENCHMARK CAPITAL
MANAGEMENT CO. VII LLC, a
Delaware limited liability company;
SANDEEP SOOD, an individual;
MONSOON COMPANY, an unknown
business entity, and DOES 1–50, inclusive;
Counterdefendants.

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[PROPOSED] ORDER
(CASE NO. 3:12-cv-05667-EMC)

Case3:12-cv-05667-EMC Document27-1 Filed02/14/13 Page2 of 2

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Having read and considered Plaintiff Nextdoor.com, Inc. and Defendant Raj Abhyanker’s

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Stipulation to Continue Initial Case Management Conference, and good cause appearing, the

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Court hereby grants the Stipulation and

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IT IS HEREBY ORDERED that

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(i)

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the initial Case Management Conference is continued from March 7, 2013 at
9:00 a.m. to April 18, 2013 at 9:00 a.m.;

(ii)

the last day for the parties to meet and confer pursuant to FRCP 26(f) regarding

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initial disclosures, early settlement, ADR process selection, and discovery plan

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shall be March 28, 2013;

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(iii)

the last day for the parties to file their ADR Certification and either the Stipulation

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to ADR Process or Notice of Need for ADR Phone Conference shall be March 28,

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2013; and
the last day for the parties to file the Rule 26(f) report, complete initial disclosures,
and file the Case Management Statement shall be April 11, 2013.

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2/19/13

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[PROPOSED] ORDER
(CASE NO. 3:12-cv-05667-EMC)