VinterActive, LLC v. OptiRev, LLC

Filing 20

ORDER, Motions terminated: 19 STIPULATION WITH PROPOSED ORDER [Joint Stipulation and [Proposed] Order Rescheduling Initial CMC] filed by OptiRev. Initial Case Management Conference set for 10/30/2015 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 9/18/15. (tfS, COURT STAFF) (Filed on 9/21/2015)

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W. CHRISTIAN KRANKEMANN, ESQ (SBN 220438)
KRANKEMANN | PETERSEN LLP
Attorneys At Law
375 E Street, Suite 120
Santa Rosa, California 95404
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorney for Plaintiff
OptiRev, LLC

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NORTHERN DISTRICT OF CALIFORNIA

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ATTORNEYS AT LAW
375 E Street, Suite 120 | Santa Rosa, California 95404
Telephone [phone] | Facsimile [phone]

UNITED STATES DISTRICT COURT

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K RANKEMANN | P ETERSEN LLP

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SAN FRANCISCO DIVISION

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VINTERACTIVE, LLC,

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Plaintiff,
v.
OPTIREV, LLC,

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JOINT STIPULATION AND
[PROPOSED] ORDER
RESCHEDULING INITIAL CASE
MANAGEMENT CONFERENCE

Defendant.

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Case No.: 3:15-cv-02903-SI

OPTIREV, LLC,

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Courtroom:
Judge:
Trial Date:

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Susan Illston
None Set

Counterclaimant,

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v.
VINTERACTIV, LLC,
Counterdefendant.

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-1STIPULATION TO RESCHEDULE INITIAL CASE MANAGEMENT CONFERENCE

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Plaintiff/Counterdefendant VinterActive, LLC and Defendant/Counterclaimant

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OptiRev, LLC stipulate to and respectfully ask the Court to reschedule the Initial Case

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Management Conference that is currently scheduled for October 2, 2015, at 2:30 p.m., to

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November 6, 2015, at 2:30 p.m., and to continue other deadlines accordingly, per the

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Order Setting Initial Case Management Conference and ADR Deadlines (ECF 3), which

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states: “If the Initial Case Management Conference is continued, the other deadlines are

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continued accordingly.”
There is good cause to reschedule the Case Management Conference, due to a

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ATTORNEYS AT LAW
375 E Street, Suite 120 | Santa Rosa, California 95404
Telephone [phone] | Facsimile [phone]

scheduling conflict identified by OptiRev’s counsel, as set forth in accompanying

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K RANKEMANN | P ETERSEN LLP

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declaration of W. Christian Krankemann in support of this stipulated request. Mr.

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Krankemann has trial-related conferences scheduled on October 2, for an insurance bad

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faith trial starting on October 6 in Marin County Superior Court. Trial is expected to run

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three to four weeks. At the same time, he is in the process of relocating his law firm to a

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separate building by the end of September 2015. He anticipates that trial- and move-related

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issues will consume nearly all of his time from now until the latter part of October.
Despite these scheduling issues, the parties are working diligently and cooperatively

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to advance this case. OptiRev filed its Answer and Counterclaim on August 7, 2015 (ECF

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17), and VinterActive filed its Answer to Counterclaim on August 27, 2015 (ECF 18). The

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parties have communicated by phone and email and have agreed to continue meet and

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confer efforts throughout October.
NOW THEREFORE, the parties stipulate and agree, subject to the Court’s approval,

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that:
(i) the Case Management Conference will be moved from September 25, 2015, at

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October 30, 2015

2:30 p.m., to November 6, 2015, at 2:30 p.m.

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(ii) the Case Management Statement will be due on October 30, 2015, and all other

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deadlines set forth in the Order Setting Initial Case Management Conference and ADR

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Deadlines (ECF 3) will be continued accordingly.

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///
-2STIPULATION TO RESCHEDULE INITIAL CASE MANAGEMENT CONFERENCE

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IT IS SO STIPULATED.
Respectfully submitted,

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Dated: September 17, 2015

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BERNARD IP LAW, LLC
/s/ Laura C. Rosenthal
Laura C. Rosenthal
Attorneys for Plaintiff/Counterdefendant
VinterActive, LLC

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KRANKEMANN | PETERSEN LLP

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/s/ W. Christian Krankemann
W. Christian Krankemann
Attorneys for Defendant/Counterclaimant
OptiRev, LLC

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ATTORNEYS AT LAW
375 E Street, Suite 120 | Santa Rosa, California 95404
Telephone [phone] | Facsimile [phone]

K RANKEMANN | P ETERSEN LLP

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ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1
I, W. Christian Krankemann, attest that concurrence in the filing of this Stipulation to

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Reschedule the Initial Case Management Conference has been obtained from the other

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signatory. I declare under penalty of perjury under the laws of the United States of America

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that the foregoing is true and correct. Executed this 17th day of September, 2015, at Santa

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Rosa, California.

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s/ W. Christian Krankemann
W. Christian Krankemann

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-3STIPULATION TO RESCHEDULE INITIAL CASE MANAGEMENT CONFERENCE

[PROPOSED] ORDER

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Pursuant to stipulated request, IT IS SO ORDERED.

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Dated:

9/18/15

___________________________
Hon. Susan Illston
United States District Judge

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ATTORNEYS AT LAW
375 E Street, Suite 120 | Santa Rosa, California 95404
Telephone [phone] | Facsimile [phone]

K RANKEMANN | P ETERSEN LLP

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-4STIPULATION TO RESCHEDULE INITIAL CASE MANAGEMENT CONFERENCE

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W. CHRISTIAN KRANKEMANN, ESQ (SBN 220438)
KRANKEMANN | PETERSEN LLP
Attorneys At Law
375 E Street, Suite 120
Santa Rosa, California 95404
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorney for Plaintiff
OptiRev, LLC

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NORTHERN DISTRICT OF CALIFORNIA

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ATTORNEYS AT LAW
375 E Street, Suite 120 | Santa Rosa, California 95404
Telephone [phone] | Facsimile [phone]

UNITED STATES DISTRICT COURT

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K RANKEMANN | P ETERSEN LLP

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SAN FRANCISCO DIVISION

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VINTERACTIVE, LLC,

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Plaintiff,
v.
OPTIREV, LLC,

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Defendant.

Case No.: 3:15-cv-02903-SI
DECLARATION OF W. CHRISTIAN
KRANKEMANN IN SUPPORT OF
STIPULATION AND [PROPOSED]
ORDER RESCHEDULING INITIAL
CASE MANAGEMENT
CONFERENCE

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OPTIREV, LLC,

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Courtroom:
Judge:
Trial Date:

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Susan Illston
None Set

Counterclaimant,
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v.
VINTERACTIV, LLC,
Counterdefendant.

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-1DECLARATION OF W. CHRISTIAN KRANKEMANN IN SUPPORT OF STIPULATION
AND [PROPOSED] ORDER TO RESCHEDULE INITIAL CASE MANAGEMENT CONFERENCE

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I, W. Christian Krankemann, declare as follows:

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I am an attorney admitted to practice in California and before this Court. I am

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a partner in the law firm Krankemann | Petersen LLP, counsel of record for OptiRev, LLC

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in this matter. I make this declaration based on my own personal knowledge.
2.

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Pursuant to Civil L.R. 6-2, I submit this declaration in support of the parties’

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concurrently filed Joint Stipulation and [Proposed] Order Rescheduling the Initial Case

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Management Conference.
3.

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On June 23, 2015, the Court scheduled the Initial Case Management

Conference in this matter for September 25, 2015, at 2:30 p.m. (ECF 3). On August 6,

ATTORNEYS AT LAW
375 E Street, Suite 120 | Santa Rosa, California 95404
Telephone [phone] | Facsimile [phone]

K RANKEMANN | P ETERSEN LLP

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2015, the Court postponed the Initial Case Management Conference one week to October 2,

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2015.

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4.

Defendant/Counterclaimant OptiRev, LLC filed its Answer/Counterclaim on

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August 7, 2015 (ECF 17), and Plaintiff/Counterdefendant VinterActive, LLC filed its

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Answer to Counterclaim on August 27, 2015 (ECF 18).

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5.

I have a scheduling conflict on October 2, 2015 and therefore am not able to

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attend the Case Management Conference as currently scheduled. I am lead trial counsel in

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De La Renta v. Geico, an insurance bad faith case set in Marin County Superior Court, Civ-

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1202608 (filed June 6, 2012). The trial is set to start on October 6, and I have trial-related

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conferences scheduled for October 2, 2015 that I am unable to reschedule. Trial is expected

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to run for three to four weeks, and almost certainly will not be postponed.

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I am also in the process of moving my law firm out of its current address by

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the end of this month, and into a separate building. I expect that trial and move-related

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issues will consume almost all of my time from now until the latter part of October.

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7.

In light of the abovementioned conflict, I requested that the parties agree to a

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new date for the Case Management Conference. Counsel for Plaintiff/Counterdefendant

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VinterActive, LLC, does not oppose the request.

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8.

Despite these scheduling issues, the parties are working diligently and

cooperatively to advance this case via recent filings. The parties have also communicated
-2DECLARATION OF W. CHRISTIAN KRANKEMANN IN SUPPORT OF STIPULATION
AND [PROPOSED] ORDER TO RESCHEDULE INITIAL CASE MANAGEMENT CONFERENCE

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by phone and email and have agreed to continue meet and confer efforts throughout

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October.

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Pursuant to Civil L.R. 6-2(a)(2), I have set forth below a list of previous time

modifications in this action:
a.

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On July 28, 2015, pursuant to the parties’ joint stipulation, the

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Court ordered that OptiRev, LLC had an additional 14 days to file its

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Answer/Counterclaim.

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The parties do not foresee this time modification having any effect on the

schedule for this matter.

ATTORNEYS AT LAW
375 E Street, Suite 120 | Santa Rosa, California 95404
Telephone [phone] | Facsimile [phone]

K RANKEMANN | P ETERSEN LLP

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I declare under penalty of perjury under the laws of the United States of America that

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the foregoing is true and correct. Executed this 17th day of September, 2015, at Santa Rosa,

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California.

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s/ W. Christian Krankemann
W. Christian Krankemann

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-3DECLARATION OF W. CHRISTIAN KRANKEMANN IN SUPPORT OF STIPULATION
AND [PROPOSED] ORDER TO RESCHEDULE INITIAL CASE MANAGEMENT CONFERENCE