SmartData, S.A. v. Roku, Inc.

Filing 33

ORDER, Further Case Management Conference set for 9/13/13 is continued to 11/8/2013 03:00 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 9/12/13. 32 STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference filed by Roku, Inc.. (tfS, COURT STAFF) (Filed on 9/12/2013)

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LATHAM & WATKINS LLP
Julie M. Holloway (Bar No. 196942)
[e-mail]
505 Montgomery Street, Suite 2000
San Francisco, California 94111-6538
Telephone: [phone]
Facsimile: [phone]
LATHAM & WATKINS LLP
Richard G. Frenkel (Bar No. 204133)
[e-mail]
140 Scott Drive
Menlo Park, California 94025-1008
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
ROKU, 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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CASE NO. CV 13-01838 SI
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SMARTDATA, S.A.,
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Plaintiff,
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STIPULATION CONTINUING CASE
MANAGEMENT CONFERENCE; AND
[PROPOSED] ORDER

v.
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[Civil Local Rule 6-1(b)]
ROKU, INC.,

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Defendant.
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BACKGROUND

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Plaintiff SmartData S.A. and Defendant Roku, Inc. (collectively, the “Parties”)

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respectfully ask the Court to postpone the initial case management conference currently

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scheduled for September 13, two days from now, as the parties are extremely close to resolving

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their differences, and need the extra time to complete negotiations and enter a stipulated

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dismissal with the Court.

A T T O R N E Y S A T L AW
S I L I C O N V AL L E Y

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STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER
CASE NO. CV 13-01838 SI

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Pursuant to Local Rule 6-2(a)(2), the Parties provide the following information regarding

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previous time modifications in this case. SmartData filed its complaint against Roku on April

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23, 2013. The Parties stipulated for an extension of time for Roku to have through and including

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June 17, 2013 to file its response to Plaintiff’s complaint. (Dkt. #5). Roku filed a motion to

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dismiss (Dkt. #10), after which SmartData amended its complaint (Dkt. #19). Roku answered

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the amended complaint on August 19, 2013. (Dkt. #26).

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The initial case management conference has been continued on two occasions. The first

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stipulated continuation was due to a scheduling conflict. (Dkt. #6). The Parties stipulated for the

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second continuation in order to allow for more time for settlement discussions. (Dkt. #21).

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Those discussions have been successful, as the Parties have engaged in productive settlement

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discussions since stipulating to the continuation in July 2013.

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The initial case management conference is currently set for September 13, 2013. (Dkt.

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#24). The Parties have agreed on some aspects of an agreement to resolve this matter, and

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believe that additional discussions in September and October 2013 will result in a settlement that

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would dispose of this matter. To that end, the Parties respectfully request that the initial case

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management conference be continued until November 1, 2013 with the other dates set by the

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Order Setting Initial Case Management Conference and ADR Deadlines (Dkt. #2) continued

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accordingly.1

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STIPULATION

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For the foregoing reasons, and pursuant to Local Rules 16-2(e) and 7-12, the Parties

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hereto stipulate, by and through their attorneys that the initial case management conference be

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continued to November 1, 2013, or such later date as is convenient to the Court, with the other

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dates set by the Order Setting Initial Case Management Conference and ADR Deadlines (Dkt.

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#2) continued accordingly.

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A T T O R N E Y S A T L AW
S I L I C O N V AL L E Y

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The Parties have a phone call with the ADR officer scheduled for September 12 at 2:30 p.m.
pursuant to their filing of a Need for ADR Phone Call form. The Parties anticipate that if the
extra time does not result in the dismissal of this litigation, they will submit a stipulation for a
different form of ADR, which will obviate the need for an ADR phone call.
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STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER
CASE NO. CV 13-01838 SI

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IT IS SO STIPULATED.

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Dated: September 11, 2013
LATHAM & WATKINS LLP

Dated: September 11, 2013
MOUNT, SPELMAN &
FINGERMAN, P.C.
LAW OFFICES OF
LARISA MIGACHYOV

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By /s/ Larisa Migachyov

By Richard G. Frenkel

LARISA MIGACHYOV
Attorneys for Plaintiff
SMARTDATA, S.A.

RICHARD G. FRENKEL
Attorneys for Defendant
ROKU, INC.

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A T T O R N E Y S A T L AW
S I L I C O N V AL L E Y

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STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER
CASE NO. CV 13-01838 SI

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[PROPOSED] ORDER

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GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT:

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A case management conference will be held on November 1, 2013, and the other dates

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set by the Order Setting Initial Case Management Conference and ADR Deadlines (Dkt. #2) are

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continued accordingly.

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9/12/13
DATED: ____________, 2013

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__________________________________________
THE HONORABLE SUSAN ILLSTON
United States District Judge

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A T T O R N E Y S A T L AW
S I L I C O N V AL L E Y

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STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER
CASE NO. CV 13-01838 SI

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ATTESTATION CLAUSE

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I, Richard G. Frenkel, hereby attest in accordance with General Order No. 45.X(B) that

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Larisa Migachyov, counsel for Plaintiff SMARTDATA, S.A., has provided her concurrence with

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the electronic filing of the foregoing document entitled STIPULATION CONTINUING CASE

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MANAGEMENT CONFERENCE; AND [PROPOSED] ORDER.

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Dated: September 11, 2013

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By

Richard G. Frenkel

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A T T O R N E Y S A T L AW
S I L I C O N V AL L E Y

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STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER
CASE NO. CV 13-01838 SI