Clockware, Inc. v. Sethy et al
Filing
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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)
Harmeet@dhillonsmith.com
PRIYA D.BRANDES, ESQ. (SBN: 286714)
pbrandes@dhillonsmith.com
DHILLON & SMITH LLP
177 Post Street, Suite 700
San Francisco, California 94108
Telephone: (415) 433-1700
Facsimile: (415) 520-6593
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:
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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
Case3:13-cv-00672-JSW Document22 Filed12/09/13 Page3 of 3
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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
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