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

Filing 38

STIPULATION AND ORDER re 37 to Continue Hearing and Briefing Schedule on Plaintiff's Motion for Contempt filed by Adobe Systems Incorporated. Responses due by 8/3/2017. Replies due by 8/10/2017. Motion Hearing reset for 8/24/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 7/11/17. (bpfS, COURT STAFF) (Filed on 7/11/2017)

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1 6 JOHNSON & PHAM, LLP Christopher Q. Pham, SBN: 206697 E-mail: cpham@johnsonpham.com Nicole L. Drey, SBN: 250235 E-mail: ndrey@johnsonpham.com Hung Q. Pham, SBN: 276613 E-mail: ppham@johnsonpham.com 6355 Topanga Canyon Boulevard, Suite 326 Woodland Hills, California 91367 Telephone: (818) 888-7540 Facsimile: (818) 888-7544 7 Attorneys for Plaintiff 8 11 LAW OFFICES OF GEORGE A. SHOHET, A PROF. CORP. George A. Shohet, SBN: 112697 E-mail: georgeshohet@gmail.com 9100 Wilshire Boulevard, Suite 720E Beverly Hills, California 90212 Telephone: (310) 452-3176 Facsimile: (310) 452-2270 12 Attorney for Defendants 2 3 4 5 9 10 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 ADOBE SYSTEMS INCORPORATED, a Delaware Corporation, Plaintiff, 17 18 19 20 21 22 23 24 25 26 27 28 v. 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, Case No.: 3:14-cv-04871-EMC SECOND STIPULATION TO CONTINUE HEARING AND BRIEFING SCHEDULE ON PLAINTIFF’S MOTON FOR CONTEMPT AND [PROPOSED] ORDER 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 -1SECOND STIPULATION TO CONTINUE CONTEMPT HEARING – CASE NO.: 3:14-cv-04871-EMC 1 FACTORY (collectively “Defendants”), by and through their counsel of record, hereby stipulate 2 and agree as follows: 3 RECITALS 4 5 On August 20, 2015, the Court entered a PERMANENT INJUNCTION AGAINST DEFENDANTS AND DISMISSAL WITH PREJUDICE (D.E. 31) (“Injunction”). 6 On June 1, 2017, Plaintiff filed its MOTION FOR CONTEMPT AND SANCTIONS AGAINST THE 7 ENJOINED PARTIES (D.E. 33) (“Motion”), asserting that Defendants violated the Injunction by 8 dealing in Adobe products, specifically through their illegal distribution of unbundled (and in 9 one instance, previously activated) Adobe software products. 10 On June 14, 2017, the Parties filed a STIPULATION TO CONTINUE HEARING AND BRIEFING 11 SCHEDULE 12 allow the Parties time to resolve the issues addressed in the Motion. 13 14 ON PLAINTIFF’S MOTION FOR CONTEMPT (D.E. 35) (“First Stipulation”) in order to On June 15, 2017, the Court granted the Parties’ First Stipulation and continued the hearing on the Motion to August 3, 2017, with response dates adjusted accordingly. 15 Thereafter, Defendants produced certain documents to Plaintiff in an effort to resolve 16 Plaintiff’s claims, and the Parties have been working towards resolution of the issues contained 17 in the Motion. The Parties, however, need additional time to pursue such a resolution. 18 AGREEMENT 19 Accordingly, Plaintiff and Defendants hereby stipulate and respectfully request the Court 20 continue the hearing on the Motion to August 24, 2017, or a date thereafter acceptable to the 21 Court. 22 23 Additionally, Plaintiff and Defendants hereby stipulate and respectfully request that Defendants’ response to the Motion be due on or before August 3, 2017. 24 25 /// 26 27 /// 28 -2SECOND STIPULATION TO CONTINUE CONTEMPT HEARING – CASE NO.: 3:14-cv-04871-EMC 1 2 Plaintiff and Defendants hereby stipulate and respectfully request that Plaintiff’s reply shall be due on or before August 10, 2017. 3 4 DATED: July 7, 2017 JOHNSON & PHAM, LLP 5 By: /s/ Nicole Drey Huerter Nicole Drey Huerter, Esq. Attorneys for Plaintiff ADOBE SYSTEMS INCORPORATED 6 7 8 DATED: July 7, 2017 LAW OFFICES OF GEORGE A. SHOHET, A PROF. CORP. 9 10 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 11 12 13 14 15 16 17 [PROPOSED] ORDER 18 19 Pursuant to Stipulation, the hearing on Plaintiff’s MOTION FOR CONTEMPT AND 20 SANCTIONS AGAINST 21 August 24 ____________________, 2017. Defendants’ response to the Motion is due three (3) weeks prior 22 to the hearing date. Plaintiff’s reply to the Motion is due two (2) weeks prior to the hearing date. ENJOINED PARTIES (“Motion”) is reset from August 3, 2017, to IT IS SO ORDERED. RT U O ISTRIC ES D TC AT T RT dwa Judge E ER A H 28 R NIA 27 25 LI 26 UNIT ED ______________________________ ERED HON. SO ORDIED M. CHEN IT IS EDWARD F DI AS States United MO District Judge Northern Districthen California of rd M. C NO July 11, 2017 DATED: ____________________ S 24 FO 23 THE N F D IS T IC T O R C -3SECOND STIPULATION TO CONTINUE CONTEMPT HEARING – CASE NO.: 3:14-cv-04871-EMC

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