ServiceNow, Inc. v. Stonebranch, Inc.

Filing 24

STIPULATION AND ORDER TO HAVE PENDING MOTIONS HEARD ON THE SAME DAY. Motion Hearing set for 11/21/2013 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 11/4/13. (cl, COURT STAFF) (Filed on 11/4/2013)

COBLENTZ PATCH DUFFY & BASS LLP

One Ferry Building, Suite 200, San Francisco, California 94111-4213
415.391.4800 • Fax [phone]

1 JULIA D. GREER (State Bar No. 200479)
LAUREN S. KOWAL (State Bar No. 224976)
2 COBLENTZ PATCH DUFFY & BASS LLP
One Ferry Building, Suite 200
3 San Francisco, California 94111-4213
Telephone: [phone]
4 Facsimile: 415.989.1663
Email: [e-mail]
[e-mail]
5
6 SIMON R. MALKO (pro hac vice pending)
MORRIS, MANNING & MARTIN, LLP
7 1600 Atlanta Financial Center
3343 Peachtree Road, NE
8 Atlanta, GA 30326
Telephone: [phone]
9 Facsimile: 404.365.9532
Email: [e-mail]
10
Attorneys for Defendant
11 STONEBRANCH, 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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17 SERVICENOW, INC., a Delaware
Corporation,
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Plaintiff,
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v.
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STONEBRANCH, INC., a Georgia
21 Corporation, and DOES 1-5,

Case No. 3:13-cv-04243-RS

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Case filed: September 12, 2013
Trial Date: None Set

Defendants.

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STIPULATION AND [PROPOSED]
ORDER TO HAVE PENDING MOTIONS
HEARD ON THE SAME DATE
Judge:
Crtrm.:

Hon. Richard Seeborg
Three

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3:13-cv-04243-RS
STIPULATION AND [PROPOSED] ORDER RE: HEARING DATES

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Plaintiff ServiceNow, Inc. (“ServiceNow”) and Defendant Stonebranch, Inc.

2 (“Stonebranch”) submit the following Stipulation for the Court’s consideration:
3

WHEREAS, on October 14, 2013, Stonebranch filed a Motion to Dismiss this matter in its

4 entirety for lack of personal jurisdiction (Dkt. No. 16), which will be fully briefed as of November

COBLENTZ PATCH DUFFY & BASS LLP

One Ferry Building, Suite 200, San Francisco, California 94111-4213
415.391.4800 • Fax [phone]

5 4, 2013;
6

WHEREAS, Stonebranch’s Motion to Dismiss is presently set for hearing before this

7 Court on December 12, 2013;
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WHEREAS, on October 18, 2013 ServiceNow filed a Motion for Preliminary Injunction in

9 this matter (Dkt. No. 18-3), which will be fully briefed as of November 7, 2013;
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WHEREAS, ServiceNow’s Motion for Preliminary Injunction is presently set for hearing

11 in this Court on November 21, 2013;
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WHEREAS, lead trial counsel for Stonebranch is located in Atlanta, Georgia, and must

13 travel to attend the hearings in this case;
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WHEREAS, the parties agree that the Court should decide the issue of jurisdiction

15 concomitantly or in advance of the question of whether injunctive relief is warranted;
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WHEREAS, the parties agree that by opposing ServiceNow’s Motion for Preliminary

17 Injunction and submitting this Stipulation, Stonebranch has not and will not waive its arguments
18 with respect to personal jurisdiction;
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THEREFORE, the parties believe that both Stonebranch’s pending Motion to Dismiss and

20 ServiceNow’s pending Motion for Preliminary Injunction should be heard on the same date,
21 November 21, 2013, or on the first hearing date thereafter acceptable to the Court and the parties.
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IT IS SO STIPULATED.

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24 DATED: November 4, 2013

COBLENTZ PATCH DUFFY & BASS LLP

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By:

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15393.001 2644454v1

/s/ Julia D. Greer
JULIA D. GREER
Attorneys for Defendant
STONEBRANCH, INC.
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STIPULATION AND [PROPOSED] ORDER RE: HEARING DATES

3:13-cv-04243-RS

1 DATED: November 4, 2013

FENWICK & WEST LLP

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By:

4

COBLENTZ PATCH DUFFY & BASS LLP

One Ferry Building, Suite 200, San Francisco, California 94111-4213
415.391.4800 • Fax [phone]

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/s/ Ilana S. Rubel
ILANA S. RUBEL
Attorneys for Plaintiff
SERVICENOW, INC.

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7

IT IS SO ORDERED.

November 4
8 DATED: _______________, 2013
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Hon. Richard Seeborg
United States District Court Judge

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15393.001 2644454v1

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STIPULATION AND [PROPOSED] ORDER RE: HEARING DATES

3:13-cv-04243-RS