Adobe Systems Incorporated v. Metrotech Solutions USA Inc. et al

Filing 36

STIPULATION AND ORDER re 35 STIPULATION WITH PROPOSED ORDER to Continue Hearing and Briefing Schedule on Plaintiff's Motion for Contempt. Responses due by 7/13/2017. Replies due by 7/20/2017. Motion Hearing set for 8/3/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 6/15/17. (bpfS, COURT STAFF) (Filed on 6/15/2017)

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JOHNSON & PHAM, LLP
Christopher Q. Pham, SBN: 206697
E-mail: [e-mail]
Nicole L. Drey, SBN: 250235
E-mail: [e-mail]
Hung Q. Pham, SBN: 276613
E-mail: [e-mail]
6355 Topanga Canyon Boulevard, Suite 326
Woodland Hills, California 91367
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff

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LAW OFFICES OF GEORGE A. SHOHET, A PROF. CORP.
George A. Shohet, SBN: 112697
E-mail: [e-mail]
9100 Wilshire Boulevard, Suite 720E
Beverly Hills, California 90212
Telephone:
[phone]
Facsimile:
[phone]

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Attorney for Defendants

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ADOBE SYSTEMS INCORPORATED, a
Delaware Corporation,
Plaintiff,

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v.

Case No.: 3:14-cv-04871-EMC
STIPULATION TO CONTINUE
HEARING AND BRIEFING SCHEDULE
ON PLAINTIFF’S MOTON FOR
CONTEMPT

METROTECH SOLUTIONS USA INC., a
Delaware Corporation; 9199-6546 QUEBEC
INC., a Canadian Quebecois Corporation
doing business as METROTECH
SOLUTIONS INC., METROTECH
SOLUTIONS and METROTECH; and DOES
2-10, Inclusive,
Defendants.
Plaintiff ADOBE SYSTEMS INCORPORATED (“Plaintiff”), by and through its counsel
of record, and Defendants METROTECH SOLUTIONS USA INC.; 9199-6546 QUEBEC INC.,
d/b/a METROTECH SOLUTIONS INC., METROTECH SOLUTIONS and METROTECH;
9188-0047 QUEBEC INC. d/b/a UKTECH STORE; and 9199-6587 QUEBEC INC. d/b/a IT
-1STIPULATION TO CONTINUE CONTEMPT HEARING – CASE NO.: 3:14-cv-04871-EMC

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FACTORY (collectively “Defendants”), by and through their counsel of record, hereby stipulate

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and agree as follows:

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RECITALS

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On August 20, 2015, the Court entered a PERMANENT INJUNCTION AGAINST DEFENDANTS
AND DIMISSAL WITH PREJUDICE

(D.E. 31) (“Injunction”).

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On June 1, 2017, Plaintiff filed its MOTION FOR CONTEMPT AND SANCTIONS AGAINST THE

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ENJOINED PARTIES (D.E. 33) (“Motion”), asserting that Defendants violated the Injunction by

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dealing in Adobe products, specifically through their illegal distribution of unbundled (and in

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one instance, previously activated) Adobe software products.

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Defendants’ response to the Motion is currently due June 15, 2017. Plaintiff’s reply to the
Motion is currently due June 22, 2017.

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On June 9, 2017, Plaintiff was contacted by counsel for Defendants requesting an

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extension of time to respond to the Motion due to professional commitments and to afford the

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Parties an opportunity to resolve this matter amicably and without further intervention of the

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Court.

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Thereafter, the Parties conferred on a mutually agreeable hearing date and briefing

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schedule. The Parties also agreed to a specific deadline for the production of documents in an

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effort to resolve this Motion prior to the hearing.

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AGREEMENT

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Accordingly, Plaintiff and Defendants hereby stipulate and respectfully request the Court

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continue the hearing on the Motion to August 3, 2017, or a date thereafter acceptable to the

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Court.

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Additionally, Plaintiff and Defendants hereby stipulate and respectfully request that

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Defendants’ response to the Motion be due on or before July 13, 2017, upon the express

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condition that Defendants’ produce documents demonstrating the purchase and sale of any

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Adobe products from the date of the Injunction, August 20, 2015, to the present by no later than

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June 21, 2017. In the event that Defendants have not produced complete purchase and sales

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-2STIPULATION TO CONTINUE CONTEMPT HEARING – CASE NO.: 3:14-cv-04871-EMC

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documents by close of business on June 21, 2017, Defendants’ response to the Motion shall be

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due June 26, 2017.

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Plaintiff and Defendants hereby stipulate and respectfully request that Plaintiff’s reply
shall be due 7 calendar days after the filing of Defendants’ response.

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DATED: June 14, 2017

JOHNSON & PHAM, LLP

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By: /s/ Nicole Drey Huerter
Nicole Drey Huerter, Esq.
Attorneys for Plaintiff
ADOBE SYSTEMS INCORPORATED

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DATED: June 13, 2017

LAW OFFICES OF GEORGE A. SHOHET,
A PROF. CORP.

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By: /s/ George A. Shohet
Pierre Francis
Attorney for Defendants
METROTECH SOLUTIONS USA INC.; 91996546 QUEBEC INC., d/b/a METROTECH
SOLUTIONS INC., METROTECH SOLUTIONS
and METROTECH; 9188-0047 QUEBEC INC.
d/b/a UKTECH STORE; and 9199-6587 QUEBEC
INC. d/b/a IT FACTORY

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[PROPOSED] ORDER
Pursuant to Stipulation, the hearing on Plaintiff’s MOTION
SANCTIONS AGAINST

THE

FOR

CONTEMPT

AND

ENJOINED PARTIES (“Motion”) is reset from July 6, 2017, to

August 3
____________________, 2017.

Defendants’ response to the Motion is due July 13, 2017, provided that Defendants
produce to Plaintiff, by no later than June 21, 2017, all purchase and sales documents relating to
Adobe products. Should Defendants fail to produce full and complete documents by June 21,
2017, Defendants’ response to the Motion shall be due June 26, 2017.

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-3STIPULATION TO CONTINUE CONTEMPT HEARING – CASE NO.: 3:14-cv-04871-EMC

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ER

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HON. EDWARD M. CHEN
United States District Judge
hen
rd M. C
NorthernaDistrict of California
ge Edw
Jud

NO

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DATED: ____________________

ERED
O ORD
SS
IT I______________________________

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6/15/17

R NIA

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UNIT
ED

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IT IS SO ORDERED.

S DISTRICT
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response.

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Plaintiff’s reply to the Motion is due 7 calendar days after the filing of Defendants’

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-4STIPULATION TO CONTINUE CONTEMPT HEARING – CASE NO.: 3:14-cv-04871-EMC