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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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.
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

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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 DISMISSAL 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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On June 14, 2017, the Parties filed a STIPULATION TO CONTINUE HEARING AND BRIEFING

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SCHEDULE

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allow the Parties time to resolve the issues addressed in the Motion.

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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.

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Thereafter, Defendants produced certain documents to Plaintiff in an effort to resolve

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Plaintiff’s claims, and the Parties have been working towards resolution of the issues contained

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in the Motion. The Parties, however, need additional time to pursue such a resolution.

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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 24, 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
Defendants’ response to the Motion be due on or before August 3, 2017.

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

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Plaintiff and Defendants hereby stipulate and respectfully request that Plaintiff’s reply
shall be due on or before August 10, 2017.

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DATED: July 7, 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: July 7, 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

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Pursuant to Stipulation, the hearing on Plaintiff’s MOTION

FOR

CONTEMPT

AND

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SANCTIONS AGAINST

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August 24
____________________, 2017. Defendants’ response to the Motion is due three (3) weeks prior

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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.
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UNIT
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______________________________
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HON. SO ORDIED M. CHEN
IT IS EDWARD
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AS States
United MO District Judge
Northern Districthen California
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July 11, 2017
DATED: ____________________

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