Integral Development Corp v. Tolat

Filing 109

ORDER GRANTING AS AMENDED 108 STIPULATION re: Revised Scheduling Order. Signed by Judge Jeffrey S. White on 7/24/13. (jjoS, COURT STAFF) (Filed on 7/24/2013)

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CJACK RUSSO (State Bar No. 96068)
CHRISTOPHER SARGENT (State Bar No. 246285)
COMPUTERLAW GROUP LLP
401 Florence Street
Palo Alto, CA 94301
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiff
INTEGRAL DEVELOPMENT CORP.

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IN THE UNITED STATES DISTRICT COURT
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IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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INTEGRAL DEVELOPMENT CORP, a California Case No.: 3:12-cv-06575-JSW (LB)
corporation,
REVISED JOINT STIPULATION AND
[PROPOSED] SCHEDULING ORDER
Plaintiff,
AS AMENDED
v.
VIRAL TOLAT, an individual, and DOES 1-20,
Defendant.

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Computerlaw
Group LLP
computerlaw.com

Revised Stipulation and [Proposed] Order

Case No. 3:12-cv-06575-JSW

JOINT STIPULATION

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WHEREAS, Plaintiff Integral Development Corporation (“Integral”) and Defendant Viral Tolat

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(“Tolat”) engaged in a Settlement Conference on July 12, 2013 before Magistrate Judge Jacqueline

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Corley (Dkt. 105);
IT IS HEREBY STIPULATED that in the interests of judicial economy and in order to

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facilitate further settlement discussions, all stipulated and ordered filing deadlines, as enumerated
below, be continued until at least July 26, 2013;
IT IS HEREBY STIPULATED that the following deadlines as set by Stipulation and Order re:

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Schedule (Dkt 97) and by Joint Stipulation and [Proposed] Order to Re: Schedule (Dkt 104) are
amended to reflect this requested continuance:

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1. Plaintiff Integral shall file its First Amended Complaint on July 26, 2013;

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2. Defendant Tolat shall file his Answer and Counterclaims to Integral’s First Amended

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Complaint, and/or move with respect to some or all of the Amended Complaint on August

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15, 2013;
a. If Defendant files a Rule 12 Motion, Plaintiff’s Opposition shall be filed by August

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29, 2013; Defendant’s Reply shall be filed by September 6, 2013;

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3. Plaintiff Integral shall Answer Defendant Tolat’s Counterclaims and/or file any Opposition

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and/or responsive motions to such Counterclaims on September 6, 2013;

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a. If Plaintiff files a Rule 12 motion, Defendant’s Opposition shall be filed by

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September 20, 2013; Plaintiff’s Reply shall be filed by September 23, 2013;

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4. Any motions filed by Plaintiff Integral pertaining to Defendant Tolat’s Counterclaims, and

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any motions filed by Defendant Tolat concerning Plaintiff Integral’s Amended Complaint

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shall be heard on September 27, 2013, at 9:00 a.m.

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5. Plaintiff’s Motion for Sanctions Re: Spoliation and for Contempt

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a. Hearing Date: September 27, 2013 at 9:00 a.m.

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b. Plaintiff will file its moving papers by: July 26, 2013

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c. Defendant will file any opposition by: August 9, 2013

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d. Plaintiff will file any reply by: August 16, 2013.

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e. Each brief will be no longer than 15 pages

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Computerlaw
Group LLP
computerlaw.com

//
Revised Stipulation and [Proposed] Order

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Case No. 3:12-cv-06575- JSW

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6. Plaintiff’s Motions for Summary Adjudication and for Preliminary Injunction

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a. Hearing Date: September 27, 2013 at 9:00 a.m.

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b. Plaintiff will file its moving papers by: July 26, 2013

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c. Defendant will file any opposition by: August 9, 2013
d. Plaintiff will file any reply by: August 16, 2013.
e. Each brief will be no longer than 25 pages.

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7. Defendant’s Motions (i) to hold Integral in contempt for e.g. altering evidence and (ii) for
sanctions against Integral for e.g. intentionally misleading the Court

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a. Hearing Date: September 27, 2013 at 9:00 a.m.

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b. Plaintiff will file its moving papers by: August 19, 2013

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c. Each brief will be no longer than 15 pages
8. Defendant’s Motions for Summary Judgment
a. Hearing Date: September 27, 2013 at 9:00 a.m.
b. Plaintiff will file its moving papers by: August 19, 2013
c. Each brief will be no longer than 25 pages.
IT IS SO STIPULATED

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Dated: July 19, 2013

COMPUTERLAW GROUP LLP

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By:

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Attorneys for Plaintiff
INTEGRAL DEVELOPMENT CORP.

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Dated: July 19, 2013

KATTEN MUCHIN ROSENMAN LLP

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By:

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ATTORNEY ATTESTATION

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As required by General Order 45, I attest under penalty of perjury that concurrence in the filing
of this document has been obtained from the signatories indicated by a conformed signature (/s/)
within this e-filed document.

_____ /s/ Jack Russo_____
Jack Russo, Esq.

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Computerlaw
Group LLP
computerlaw.com

/s/ Steven Eckhaus
Steven G. Eckhaus, pro hac vice
Stuart M. Richter
Attorneys for Defendant
VIRAL TOLAT

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/s/ Jack Russo
Jack Russo

Revised Stipulation and [Proposed] Order

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Case No. 3:12-cv-06575- JSW

[PROPOSED] ORDER

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PURSUANT TO STIPULATION AND GOOD CAUSE SHOWN, the parties’ joint request is
GRANTED, and the following schedule is hereby ORDERED:

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1. Plaintiff Integral shall file its First Amended Complaint on July 25, 2013;

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2. Defendant Tolat shall file his Answer and Counterclaims to Integral’s First Amended

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Complaint on August 15, 2013;
3. Plaintiff shall file its Answer and/or responsive motions to Defendant Tolat’s
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Counterclaims on September 5, 2013;
a. If Plaintiff files a Rule 12 motion, Defendant’s Opposition shall be filed by
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September 19, 2013; Plaintiff’s Reply shall be filed by September 23, 2013;
4. Any motions filed by Plaintiff Integral pertaining to Defendant Tolat’s Counterclaims shall
be heard on September 27, 2013, at 9:00 a.m.
5. Plaintiff’s Motion for Sanctions Re: Spoliation and for Contempt

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a. Hearing Date: September 27, 2013 at 9:00 a.m.

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b. Plaintiff will file its moving papers by: July 25, 2013

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c. Defendant will file any opposition by: August 9, 2013

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d. Plaintiff will file any reply by: August 16, 2013.

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e. Each brief will be no longer than 15 pages

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6. Plaintiff’s Motions for Summary Adjudication and for Preliminary Injunction
a. Hearing Date: September 27, 2013 at 9:00 a.m.
b. Plaintiff will file its moving papers by: July 25, 2013

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c. Defendant will file any opposition by: August 9, 2013

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d. Plaintiff will file any reply by: August 16, 2013.

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e. Each brief will be no longer than 25 pages.

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7. Defendant’s Motions (i) to hold Integral in contempt for e.g. altering evidence and (ii) for
sanctions against Integral for e.g. intentionally misleading the Court

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a. Hearing Date: September 27, 2013 at 9:00 a.m.

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b. Plaintiff will file its moving papers by: August 19, 2013

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Group LLP
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c. Defendant will file any opposition by: September 3, 2013
d. Plaintiff will file any reply by: September 10, 2013.
Revised Stipulation and [Proposed] Order

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Case No. 3:12-cv-06575- JSW

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e. Each brief will be no longer than 15 pages
8. Defendant’s Motions for Summary Judgment
a. Hearing Date: September 27, 2013 at 9:00 a.m.
b. Plaintiff will file its moving papers by: August 19, 2013
c. Defendant will file any opposition by: September 3, 2013
d. Plaintiff will file any reply by: September 10, 2013.

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e. Each brief will be no longer than 25 pages.
IT IS SO ORDERED.
Dated: July 23, 2013

_____

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___________ _____
The Honorable Jeffrey S. White
United States District Judge

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Computerlaw
Group LLP
computerlaw.com

Revised Stipulation and [Proposed] Order

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Case No. 3:12-cv-06575- JSW