Dropbox, Inc. v. Thru Inc.

Filing 144

DENIED. STIPULATION AND ORDER re 141 STIPULATION WITH PROPOSED ORDER Regarding Further Proceedings filed by Dropbox, Inc. Pretrial filings due 12/22/2016. Signed by Judge Edward M. Chen on 12/5/16. (bpfS, COURT STAFF) (Filed on 12/5/2016)

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DAVID H. KRAMER, State Bar No. 168452
JOHN L. SLAFSKY, State Bar No. 195513
WILSON SONSINl GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, California 94304-1050
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

IAN K. BOYD, State Bar No. 191434
SISKIND BOYD LLP
Four Embarcadero Center, 39th Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
JOHN M. CONE, pro hac vice
RYAN A. STARNES, pro hac vice
FERGUSON, BRASWELL & FRASER, PC
2500 Dallas Parkway #600
Plano, Texas 75093
Telephone: [phone]
Facsimile: [phone]
[e-mail]
rstarnes@da llasbus inesslaw.com

COLLEEN BAL, State Bar No. 167637
WILSON SONSINJ GOODRICH & ROSATI
Professional Corporation
One Market Plaza, Spear Tower, Suite 3300
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]

Attorneys for Defendant and Counterclaimant
THRU INC.

Attorneys for Plaintiff and Counter-Defendant
DROPBOX, 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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DROPBOX, INC., a Delaware corporation,

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Plaintiff,
v.

THRU INC., a Delaware corporation,

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Defendant.

Case No.3: 15-CV-0 1741-EMC (MEJ)

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THRU INC. , a Delaware corporation,

Before:
Dept:

Hon. Edward M. Chen
Courtroom 5, 17th Floor

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Denied

STIPULATION AND [PROPOSED]
ORDER REGARDING FURTHER
PROCEEDINGS

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Counterclaimant,
v.
DROPBOX, INC. , a Delaware corporation,
Counter-Defendant.

l/1 0/20 17
Current Pre-Trial Con f.:
Current Bench Trial Date: l/23/20 17

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STIPULATION AND [PROPOSED] ORDER R EGA RDI NG
FURTHE R PROCEEDIN GS

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CASE 0 . 3: 15-CY-0 1741-EMC (MEJ)

Following the Status Conference in this matter on November 22, 2016, counsel for
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Dropbox, Inc. ("Dropbox") and Thru, Inc. ("Thru'') met and conferred regarding a means to

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resolve efficiently the remaining issue in the case - Dropbox 's request for a declaratory judgment

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that its rights to the term DROPBOX are superior to those ofThru. The parties now agree and

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stipulate to the following:

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The parties request that the Court vacate the current date set for a bench trial in this

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matter of January 23, 2017, the pretrial conference of January I 0, 2017, and all associated

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deadlines.

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2.

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The parties proceeded with a settlement conference with Judge Spero on

ovember 29, 2016, and were unable to resolve the matter.

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The parties request that the Court further consider the alternative grounds advanced

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by Dropbox in its Motion for Summary Judgment (Dkt. 97) at l 0-19, and issue a further order

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granting or denying the motion on those grounds.

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4.

If the Court rules that summary judgment for Dropbox is not appropriate on any of

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the alternative grounds presented, the parties: (i) will meet and confer within seven days of the

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ruling regarding the most efficient means for the Court to conduct a bench trial on any triable

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issues of fact that remains (e.g. a trial on documents or a trial with limited witnesses); and (i i)

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request that the Court schedule a status conference to discuss a schedule and process for trial of

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any remaining issues.

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5.

In light of the foregoing, the parties request that the December 8, 2016 status

conference that the Court set on November 22 be vacated.
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If the Court wishes to reset a trial date, the parties respectfully request that it be set

no earlier than mid-April2017.

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STIPULATION AND [PROPOSED) ORDER REGARDING
FURTHER PROCEEDINGS

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CASE NO. 3: 15-CV -0 1741 -EMC (MEJ)

Dated: November29, 2016

Respectfully submitted,

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WILSON SONSIN1 GOODRICH & ROSATI

Professional Corporation

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By:

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Is/ David H Kramer
DAVID H. KRAMER
JOHN L. SLAFSKY

Attorneys for Plaintiff and Counter-Defendant

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DROPBOX, INC.

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Dated: November 29, 2016

FERGUSON, BRASWELL & FRASER, PC

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By:

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Attorneys for Defendant and Counterclaimant
THRU INC.

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dward
Judge E

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RT

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DERED
SO OR ED
IT IS
DIFI
AS MO

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UNIT
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R NIA

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DENIED. Status conference is reset from 12/8/16 to 12/15/16
at 9:30 a.m. Pretrial filings deadline is extended from
12/13/2016 to 12/22/2016.

n

M. Che

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IT IS SO ORDERED.

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Is/ John M. Cone
JOHN M. CONE
RYAN A. STARNES

FO

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F
D IS T IC T O
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STIPULATION AND [PROPOSED] ORDER R EGARD ING
FURTHER PROCEEDINGS

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CASE NO.3: 15-CV-01741-EMC (MEJ)

[PROPOSED) ORDER
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Pursuant to stipulation and good cause appearing, it is so ORDERED:

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The bench trial set for January 23 , 2017, the pretrial conference set for January

10, 2017, and all associated deadlines are vacated ;

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The Court will issue a written order addressing the remaining issues presented in

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Dropbox's Motion for Summary Judgment and set a Status Conference to discuss a schedule and

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process for a trial on any remaining issues;

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3.

If the Court concludes that summary judgment for Dropbox is not appropriate on

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any of the alternative grounds presented in its motion , the parties (i) wi ll meet and confer within

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seven days of the Court's ruling on the motion regarding the most efficient means for the Court

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to cond uct a bench tria l on any triable issue(s) of fact that remains (e.g. a trial on documents or a

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trial with limited witnesses); and (ii) the Court wi ll schedule a status conference to discuss a

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schedule and process for trial ofthe remaining issue(s); and

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4.

The status conference set for December 8, 2016 is vacated.

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Dated: - - - -- -' 2016
The Honorable Edward M. Chen
Un ited States District Court Judge

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STIPULATIO N AN D [PROPOSED] ORDER R EGA RDI NG
FURTH ER PROCEEDfNGS

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CASE o. 3:15-CV-01741-EMC (MEJ)

CERTIFICATION

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I, DAVID H. KRAMER, am the ECF User whose identification and password are being

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used to file this STIPULATION AND [PROPOSED] ORDER REGARDING FURTHER

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PROCEEDINGS. In compliance with Civil Local Rule 5-1 (i), I hereby attest that concurrence

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in the filing of this document has been obtained from all of the signatories.

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Dated: November 29, 2016

Is/ David H Kramer

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STIPULATION AND (PROPOSED] ORDER R EGARDIN G
FURTHER PROCEEDINGS

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CASE NO . 3:15-CV-01741-EMC (MEJ)