Kaplan et al v. Onforce, Inc. et al

Filing 15

ORDER GRANTING STIPULATION for Extension of Time to Respond to Complaint and for Continuance of Case Management Conference and ADR Deadlines 14 . Case Management Statement due by 5/7/2014. Parties must either file written consent to the juri sdiction of the magistrate judge, or request reassignment to a district judge, by the deadline for filing the initial case management conference statement. Civ. L.R. 73-1(a)(1). Initial Case Management Conference set for 5/14/2014 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 4/9/14. (lmh, COURT STAFF) (Filed on 4/9/2014)

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Laurel A. Kilgour (SBN 269307)
[e-mail]
GOODWIN PROCTER LLP
Three Embarcadero Center
24th Floor
San Francisco, California 94111
Tel.: [phone]
Fax.: [phone]
Attorney for Defendants
ONFORCE, INC. and ONFORCE SERVICES,
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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SCOTT KAPLAN, an individual, and NANCY
SCHWARTZ, an individual,
Plaintiffs,
v.
ONFORCE, INC., a Delaware Corporation,
ONFORCE SERVICES, INC., a Delaware
Corporation, and DOES 1 through 50,
inclusively,
Defendants.

Case No. 3:14-cv-00448-NC
JOINT STIPULATION AND [PROPOSED]
ORDER FOR EXTENSION OF TIME TO
RESPOND TO COMPLAINT AND FOR
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE AND
ADR DEADLINES
Action Filed: January 30, 2014
Judge:
Magistrate Judge Nathanael M.
Cousins

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Pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule 6-1(b), Defendants

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OnForce, Inc. and OnForce Services, Inc. (“OnForce”) (“Defendants”) and Plaintiffs Scott Kaplan

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and Nancy Schwartz (“Plaintiffs”)(together, with Defendants, the “Parties”), through their

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undersigned counsel, stipulate as follows:

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WHEREAS, on January 30, 2014, Plaintiffs filed a Complaint for Infringement of Utility

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Patent (“Complaint”) with the clerk of the District Court for the Northern District of California;

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WHEREAS, on January 30, 2014, the Court issued its Order Setting Initial Case

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Management Conference and ADR Deadlines (Dkt. No. 4)(the “Court’s Initial Order”);

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WHEREAS, pursuant to the Court’s Initial Order, the following deadlines were established:
Last day to:
 Meet and confer re: initial
disclosures, early settlement, ADR
process selection, and discovery
plan
 File ADR Certification signed by
Parties and Counsel
 File either Stipulation to ADR
Process or Notice of Need for ADR
Phone Conference
Last day to file Rule 26(f) Report,
complete initial disclosures or state
objection in Rule 26(f) Report and file
Case Management Statement
INITIAL CASE MANAGEMENT
CONFERENCE (CMC)

April 9, 2014

April 23, 2014

April 30, 2014

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WHEREAS, on February 19, 2014, Plaintiff served its Complaint upon Defendant; and

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WHEREAS, Defendants and Plaintiffs have agreed to an extension of the current deadlines

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to answer or otherwise respond to the Complaint until April 25, 2014, so that Defendants may

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properly investigate, evaluate, and respond to Plaintiffs’ claims; and so as to allow the parties the

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opportunity to properly prepare for the Case Management Conference in the event a resolution is not

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reached before the Case Management Conference;

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WHEREAS, counsel for all parties further agreed to an extension of the deadlines set by the
Court’s Initial Order as follows:
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Joint Stipulation And [Proposed] Order for Extension of Time
to Answer Complaint And for Continuance of Case Management
Conference And ADR Deadlines

Case No. 3:14-cv-0048-NC

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Last day to:
 Meet and confer re: initial
disclosures, early settlement, ADR
process selection, and discovery
plan
 File ADR Certification signed by
Parties and Counsel
 File either Stipulation to ADR
Process or Notice of Need for ADR
Phone Conference
Last day to file Rule 26(f) Report,
complete initial disclosures or state
objection in Rule 26(f) Report and file
Case Management Statement
INITIAL CASE MANAGEMENT
CONFERENCE (CMC)

April 23, 2014

May 7, 2014

May 14, 2014 at 10 A.M.

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WHEREAS, no party will be prejudiced by the stipulated-to extension;

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WHEREAS, this stipulation is without prejudice to, or waiver of, any rights or defenses

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otherwise available to the Parties in this action;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between the parties
hereto that:
1) The deadline for the parties to meet and confer and file ADR certification and notices
shall be April 23, 2014;
2) Defendants shall have through and including April 25, 2014 to answer or otherwise
respond to the Complaint in this action;
3) The deadline for filing Rule 26(f) Report, completing initial disclosures, and filing joint
case management statement shall be May 7, 2014; and
4) The initial case management conference shall be scheduled for May 14, 2014 at 10 A.M.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Joint Stipulation And [Proposed] Order for Extension of Time
to Answer Complaint And for Continuance of Case Management
Conference And ADR Deadlines

Case No. 3:14-cv-0048-NC

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Dated: April 8, 2014

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Attorney for Defendants
ONFORCE, INC. and ONFORCE SERVICES,
INC.

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Respectfully submitted,
By: /s/ Laurel A. Kilgour
Laurel A. Kilgour (SBN 269307)
[e-mail]
GOODWIN PROCTER LLP
Three Embarcadero Center
24th Floor
San Francisco, California 94111
Tel.: [phone]
Fax: [phone]

Dated: April 8, 2014

By: /s/ Glenn W. Peterson
Glenn W. Peterson (SBN 126173)
MILLSTONE, PETERSON & WATTS,
LLP
2267 Lava Ridge Court, Suite 210
Roseville, CA 95661
Telephone: [phone]
Fax No: [phone]
John P. Costello (SBN 161511)
COSTELLO LAW CORPORATION
331 J Street, Suite 200
Sacramento, California 95814
Telephone No.: [phone]
Fax No: [phone]
Attorneys for Plaintiffs
SCOTT P. KAPLAN and NANCY
SCHWARTZ

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Joint Stipulation And [Proposed] Order for Extension of Time
to Answer Complaint And for Continuance of Case Management
Conference And ADR Deadlines

Case No. 3:14-cv-0048-NC

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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S

ER

. Cousins

R NIA

thanael M
Judge Na

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GRA

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HONORABLE NATHANIEL M. COUSINS
Magistrate Judge NTED

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S DISTRICT
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DATED: April 9, 2014

UNIT
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Joint Stipulation And [Proposed] Order for Extension of Time
to Answer Complaint And for Continuance of Case Management
Conference And ADR Deadlines

Case No. 3:14-cv-0048-NC

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GENERAL ORDER 45 ATTESTATION
I, Laurel A. Kilgour, am the ECF User whose ID and Password are being used to file this

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JOINT STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO

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RESPOND TO COMPLAINT AND FOR CONTINUANCE OF CASE MANAGEMENT

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CONFERENCE AND ADR DEADLINES.

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In compliance with General Order 45, X.B., I hereby attest that Glenn W. Peterson and John
P. Costello, counsel for Scott P. Kaplan and Nancy Schwartz, have concurred to its filing.

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GOODWIN PROCTER LLP
Three Embarcadero Center, 24th Floor
San Francisco, California 94111

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By: /s/ Laurel A. Kilgour

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Attorney for Defendants
ONFORCE, INC. and ONFORCE
SERVICES, INC.

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Dated: April 8, 2014

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Joint Stipulation And [Proposed] Order for Extension of Time
to Answer Complaint And for Continuance of Case Management
Conference And ADR Deadlines

Case No. 3:14-cv-0048-NC

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CERTIFICATE OF SERVICE
The undersigned hereby certified that a true and correct copy of the above and foregoing

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document has been served on April 8, 2014, to all counsel of record who are deemed to have

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consented to electronic service via the Court’s CM/ECF system per Civil Local Rule 5.4. Any

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counsel of record who have not consented to electronic service through the Court’s CM/ECF system

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will be served by electronic mail, first class mail, facsimile and/or overnight delivery.

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Laurel A. Kilgour
(Type or print name)

/s/ Laurel A. Kilgour
(Signature)

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Joint Stipulation And [Proposed] Order for Extension of Time
to Answer Complaint And for Continuance of Case Management
Conference And ADR Deadlines

Case No. 3:14-cv-0048-NC