Clockware, Inc. v. Sethy et al

Filing 23

ORDER GRANTING 22 STIPULATION TO CONTINUE THE CASE MANAGEMENT CONFERENCE. Case Management Statement due by 3/7/2014. Initial Case Management Conference set for 3/14/2014 01:30 PM.. Signed by Judge JEFFREY S. WHITE on 12/10/13. (jjoS, COURT STAFF) (Filed on 12/10/2013)

Case3:13-cv-00672-JSW Document22 Filed12/09/13 Page1 of 3

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HARMEET K. DHILLON, ESQ. (SBN: 207873)
[e-mail]
PRIYA D.BRANDES, ESQ. (SBN: 286714)
[e-mail]
DHILLON & SMITH LLP
177 Post Street, Suite 700
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
Sanat Kumar Sethy, Geetup, Inc.,
and Geetup Systems, Inc.

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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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CLOCKWARE INC.,

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Plaintiff,

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v.

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SANAT KUMAR SETHY et al.,

Case Number: 13-CV-00672 JSW
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE THE CASE
MANAGEMENT CONFERENCE
Honorable Jeffrey S. White

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Defendants.

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IT IS HEREBY STIPULATED between Plaintiff Clockware Inc. (“Clockware”) and

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Defendants Sanat Kumar Sethy, Geetup, Inc., and Geetup Systems, Inc. (collectively,
“Defendants”) (“Parties”), acting through their respective counsel, that:
1.

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On February 14, 2013, Clockware filed a Complaint against Defendants.

Defendants acknowledge notice of the suit, and stipulate to the receipt of the same. Defendants
have not answered the Complaint. The court-ordered deadline to answer expired on October 31,
2013.
_____________________________________________________________________________
Stipulation and [Proposed] Order To
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13-CV-00672 JSW
Continue Case Management Conference

Case3:13-cv-00672-JSW Document22 Filed12/09/13 Page2 of 3

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2.

The parties executed a Settlement Agreement on September 17, 2013 that was

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expected to lead to the dismissal of all claims upon Defendants satisfying certain requirements

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and making an initial settlement payment.

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3.

Plaintiff’s and Defendants’ counsel have been in regular contact about the matter

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and cooperating on completing the settlement requirements. Unfortunately, these efforts halted

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recently because Defendants’ counsel has been unable to contact its clients in any manner since

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November 13, 2013. Accordingly, Defendants’ counsel will be bringing a motion in the next

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two weeks for an order permitting counsel to withdraw its representation of all Defendants.

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4.

Defendants partially satisfied the settlement requirements, but have failed to

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satisfy other critical requirements and missed stated settlement agreement deadlines.

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Accordingly, Plaintiff intends to bring a motion in the next 30 days for leave of court to amend

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the complaint to add a claim for breach of settlement agreement and related claims.

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5.

The Case Management Conference, per recent Court order, is scheduled for

December 13, 2013 at 1:30 p.m.
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In light of the recent settlement complications that require Plaintiff to amend the

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complaint, and in order to provide Defendant’s counsel the necessary time to file its motion to

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withdraw, it is requested that the Case Management Conference and all related deadlines be

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continued 90 days or taken off calendar pending the outcome of the proposed motions.

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Dated: December 9, 2013

Respectfully Submitted,
JAVID RUBENS LLP

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By:
/s/ Arman Javid
Arman Javid (SBN 191572)
Attorneys for Plaintiff

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_____________________________________________________________________________
Stipulation and [Proposed] Order To
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13-CV-00672 JSW
Continue Case Management Conference

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Dated: December 9, 2013

Respectfully submitted,

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DHILLON & SMITH LLP

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By:

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/s/ Priya D. Brandes
Priya D. Brandes (SBN 286714)
Attorneys for Defendants

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I, Priya D. Brandes, hereby attest, pursuant to N.D. Cal. General Order No. 45 and Local

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Rule 5-1, that the concurrence to the filing of this document has been obtained from each

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signatory hereto.
By:

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/s/ Priya D. Brandes
Priya D. Brandes (SBN 286714)

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[PROPOSED] ORDER
IT IS HEREBY ORDERED:
The date of the Case Management Conference shall be continued 90 days to
________________, 2014 or taken off calendar pending the parties’ proposed motions or as
March 14
otherwise determined by this Court. at 1:30 p.m.

The parties shall submit an updated

joint case management statement by March 7, 2014.
Counsel for Defendants shall serve a copy of this Order on all
Defendants.
December 10,
Dated: ________________ 2013

_________________________________________
The Honorable Jeffrey S. White

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_____________________________________________________________________________
Stipulation and [Proposed] Order To
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13-CV-00672 JSW
Continue Case Management Conference