Computer Sciences Corporation v. Alan Razavi, et al

Filing 47

ORDER GRANTING re (46 in 3:13-cv-05999-JCS) Joint Case Management Statement filed by Computer Sciences Corporation, (44 in 3:14-cv-00162-JCS) Joint Case Management Statement filed by Computer Sciences Corporation to Vacate or Continue the Case Management Conference. Case Management Statement due by 8/15/2014. Further Case Management Conference set for 8/22/2014 02:00 PM in Courtroom G, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 8/5/14. (klhS, COURT STAFF) (Filed on 8/5/2014)

JAMES W. SOONG, Cal. Bar No. 196092
1 [e-mail]
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
2 379 Lytton Avenue
Palo Alto, CA 94301-1479
3 Telephone: [phone]
Facsimile: 650.815.2601
4
LAURA L. CHAPMAN, Cal. Bar No. 167249
5 [e-mail]
LAI L. YIP, Cal. Bar No. 258029
6 [e-mail]
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
7 Four Embarcadero Center, 17th Floor
San Francisco, CA 94111-4109
8 Telephone: [phone]
Facsimile: 415.434.3947
9
Attorneys for Plaintiff
10 COMPUTER SCIENCES CORPORATION
11
IN THE UNITED STATES DISTRICT COURT

12

FOR THE NORTHERN DISTRICT OF CALIFORNIA

13

SAN FRANCISCO

14
15

COMPUTER SCIENCES
CORPORATION, a Nevada Corporation,

16
17
18
19
20

Plaintiff,
v.
ALAN RAZAVI, an individual, VAHID
RAZAVI, an individual, BIZCLOUD,
INC., a Wyoming Corporation,
ZIPBUSINESS, a California Corporation,
and DOES 1 – 10.

21

UPDATED JOINT CASE
MANAGEMENT STATEMENT &
REQUEST TO VACATE CASE
MANAGEMENT CONFERENCE &
[PROPOSED] ORDER
CMC Date: August 8, 2014
Time: 2:00 p.m.
Place: Courtroom G

Defendants.

22 BIZCLOUD, INC., and ZIPBUSINESS,
23
24

Civil Action No. 13-cv-05999-JCS
Assigned to:
Magistrate Judge Joseph C. Spero

Plaintiffs,

Civil Action No. 14-cv-00162-JCS
Assigned to:
Magistrate Judge Joseph C. Spero

v.

25 COMPUTER SCIENCES
CORPORATION, AT&T INC., CISCO
26 SYSTEMS, INC., VMWARE, INC., EMC
CORPORATION, and DOES 1-25,
27
Defendants.
28
SMRH:428162064.1

Complaint filed: December 30, 2013
RELATED CASE

CMC Date: April 25, 2014
Time: 2:00 p.m.
Place: Courtroom G
Complaint Filed: January 10, 2014

Case No. 13-cv-05999-JCS
JOINT CASE MANAGEMENT STATEMENT & [PROPOSED] ORDER

1

The parties to the above-entitled actions jointly submit this UPDATED JOINT

2 CASE MANAGEMENT STATEMENT & PROPOSED ORDER pursuant to this Court’s
3 Minute Entry dated April 28, 2014, Document No. 41. This statement updates the prior
4 statement that was filed on April 16, 2014, Document No. 40.
5

The parties attended a mediation of these two related actions on June 9, 2014 with

6 court appointed mediator Michael Dickstein. The actions did not settle during the
7 mediation session. The mediator continued to work with the parties, who reached a
8 settlement agreement in principle of both related, pending actions on June 29, 2014.
9 Computer Sciences Corporation (CSC) sent a draft written settlement agreement to
10 BizCloud, Inc. (BCI) on July 14, 2014.
11

On July 15, 2014, the mediator submitted a CERTIFICATION OF MEDIATION

12 Session in case no. 3:14-cv-00162-JCS (Document No. 43) stating “Mediation session
13 held; Case settled.” This statement should apply to both pending, related actions. As of
14 July 15, 2014, the parties had agreed on most of the terms of the settlement other than a
15 few discrete issues. The parties continued to negotiate the outstanding issues. Today,
16 August 1, 2014, the parties reached agreement on a final written settlement agreement that
17 counsel for CSC has circulated for execution this afternoon.
18

The parties anticipate that the final written settlement agreement will be fully

19 executed by either close of business today or close of business Monday, August 4, 2014.
20 The parties have agreed on the form of the request for dismissal, which they anticipate will
21 be filed in approximately one week to a week and a half.
22

Counsel for BCI is located in Chicago. In light of that fact and the imminent

23 settlement of this action, the parties respectfully request that the Case Management
24 Conference either be continued for two weeks or taken off calendar.
25

The parties and counsel very much appreciate the assistance of the court’s

26 mediation program and the mediation services of Mr. Dickstein.
27
28
SMRH:428162064.1

-1Case No. 13-cv-05999-JCS
JOINT CASE MANAGEMENT STATEMENT & [PROPOSED] ORDER

1

August 1, 2014

Respectfully submitted,
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

2
3

By:

4
5
6

/s/ Laura L. Chapman
James W. Soong
Laura L. Chapman
Lai L. Yip
Attorneys for Plaintiff
COMPUTER SCIENCES CORPORATION

7 August 1, 2014

Respectfully submitted,

8

COMAR LAW

9
By:

10
11
12
13

August 1, 2014

/s/ D. Inder Comar
D. Inder Comar
Attorneys for Defendants
ALAN RAZAVI, VAHID RAZAVI,
BIZCLOUD, INC., and ZIPBUSINESS

Respectfully submitted,
PASKY IP LAW

14
15

By:

16
17

/s/ Jonathan R. Pasky
Jonathan R. Pasky (Pro Hac Vice)
Attorneys for Defendants
BIZCLOUD, INC. and ZIPBUSINESS

18

ORDER VACATING/CONTINUING
CASE MANAGEMENT CONFERENCE

19
20

For good cause shown, the Case Management Conference currently scheduled on

21 August 8, 2014 is hereby vacated / continued to _________. PM
8/22/14 at 2:00

R NIA

Dated:

UNIT
ED

UNITED STATES DISTRICT/MAGISTRATE JUDGE
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26

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Judge Jo

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27

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25

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24

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23 IT IS SO ORDERED.

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22

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28
SMRH:428162064.1

-2Case No. 13-cv-05999-JCS
JOINT CASE MANAGEMENT STATEMENT & [PROPOSED] ORDER