Kevin Cochrane v. Open Text Corporation et al

Filing 30

STIPULATION AND ORDER RE: PETITION TO CONFIRM ARBITRATION AWARD AND MOTION TO VACATE ARBITRATION AWARD 24 .(whalc2, COURT STAFF) (Filed on 4/27/2015)

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COOLEY LLP
PATRICK GUNN (172258) ([e-mail])
101 California Street
5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]
CLEARY GOTTLIEB STEEN & HAMILTON LLP
JEFFREY ROSENTHAL (pro hac vice)
[e-mail]
One Liberty Plaza
New York, NY 10006
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Respondents
OPEN TEXT CORPORATION and
OPEN TEXT Inc.
JEFFREY E. FAUCETTE (193066)
SKAGGS FAUCETTE LLP
[e-mail]
One Embarcadero Center, Suite 500
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner
KEVIN COCHRANE

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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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KEVIN COCHRANE, an individual,

Case No. 4:15-cv-01234-WHA

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Petitioner,
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v.
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OPEN TEXT CORPORATION, a Canadian
corporation and OPEN TEXT INC., a
Delaware corporation,

STIPULATION AND [PROPOSED] ORDER
RE: PETITION TO CONFIRM
ARBITRATION AWARD AND MOTION TO
VACATE ARBITRATION AWARD
Courtroom: 8 – 19th Floor
Judge:
Hon. William Alsup

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Respondents.
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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND [PROPOSED] ORDER
CASE NO. 4:15-CV-01234-WHA

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Pursuant to Civil Local Rules 6-1(a), 6-1(b), 6-2 and 7-12, Petitioner Kevin Cochrane

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(“Petitioner”) and Respondents Open Text Corporation and Open Text Inc. (“Respondents”)

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(Petitioner and Respondents, collectively, the “Parties”), by and through their respective counsel

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of record, hereby stipulate as follows:

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WHEREAS, on or about March 16, 2015, Petitioner filed a Petition to Confirm Arbitration
Award and Enter Judgment against Respondents (Dkt. No. 1);
WHEREAS, on or about March 30, 2015, Petitioner filed an Amended Petition to Confirm
Arbitration Award and Enter Judgment against Respondents (the “Petition”) (Dkt. No. 4);
WHEREAS, on or about April 17, 2015, the Court set an Initial Case Management
Conference for June 18, 2015 (the “CMC”) (Dkt. No. 17);
WHEREAS, the Parties have agreed that the last day for Respondents to answer the Petition
is April 24, 2015;
WHEREAS, Respondents intend to file an Answer to the Petition (the “Answer”) and a
Motion to Vacate the Arbitration Award on April 24, 2015 (the “Motion”);
WHEREAS, the Parties have agreed that Respondents will notice the Motion for hearing on
June 11, 2015 at 8:00 a.m. (the “Hearing”);
WHEREAS, the Parties have agreed to modify the standard briefing schedule as set forth
below; and

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WHEREAS, because the resolution of the issues raised in the Petition and the Motion are

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expected to fully and finally resolve all issues raised in this proceeding, in the interest of judicial

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economy, the Parties stipulate and agree and mutually request that the Court advance the CMC

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from June 18, 2015 to June 11, 2015 at 8:00 a.m., so that it may be held at or immediately

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following the Hearing.

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THEREFORE, IT IS HEREBY STIPULATED by and between the Parties that:

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1.

The Parties will brief the Motion on the following schedule:

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(a)

Last day for Respondents to file the Motion: April 24, 2015;

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(b)

Last day for Petitioner to file opposition to the Motion: May 14, 2015; and

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(c)

Last day for Respondents to file any reply in support of the Motion:

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 4:15-CV-01234-WHA

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May 28, 2015.
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The Parties mutually request that the Court advance the CMC from June 18, 2015

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to June 11, 2015, so that it may be held at or immediately following the Hearing on Respondents’

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Motion.

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IT IS SO STIPULATED.

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Dated: April 24, 2015

SKAGGS FAUCETTE LLP

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/s/ Jeffrey E. Faucette
Jeffrey E. Faucette
Attorneys for Petitioner KEVEN COCHRANE

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Dated: April 24, 2015

COOLEY LLP

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/s/ Patrick Gunn
Patrick Gunn (172258)
Attorneys for Respondents
OPEN TEXT CORPORATION and
OPEN TEXT Inc.

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Filer’s Attestation: Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, Patrick Gunn
hereby attests that concurrence in the filing of this document has been obtained.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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April 27,
Dated: ____________, 2015
Hon. William Alsup

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 4:15-CV-01234-WHA