Openwave Messaging, Inc. v. Open-Xchange, Inc.

Filing 52

STIPULATION AND ORDER SETTING TIME FOR OPEN-XCHANGE, INC. TO RESPOND TO OPENWAVE MESSAGING, INC.'S MOTION TO DISMISS AMENDED COUNTERCLAIMS AND STRIKE AMENDED AFFIRMATIVE DEFENSES AND RESCHEDULING MOTION HEARING DATE granting 51 STIPULATION. Deadlines and hearings reset as to 50 MOTION to Dismiss.Response due by 9/13/2016. Reply due by 9/20/2016. Motion Hearing set for 10/5/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 09/02/2016. (jmdS, COURT STAFF) (Filed on 9/2/2016)

1 IAN C. BALLON (SBN 141819)
[e-mail]
2 DAVID M. LISI (SBN 154926)
[e-mail]
3 JORDAN D. GROTZINGER (SBN 190166)
[e-mail]
4 MONICA A. HERNANDEZ (SBN 280195)
[e-mail]
5 GREENBERG TRAURIG, LLP
1900 University Ave., 5th Floor
6 East Palo Alto, California 94303
Telephone: [phone]
7 Facsimile: [phone]
8 Attorneys for Plaintiff,
OPENWAVE MESSAGING, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

14 OPENWAVE MESSAGING, INC., a
Delaware corporation,
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Plaintiff and
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Counterclaim-defendant,
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v.

18 OPEN-XCHANGE, INC., a Delaware
corporation,
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Defendant and
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Counterclaimant.
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CASE NO. 3:16-cv-00253-WHO
STIPULATION AND
ORDER SETTING TIME FOR OPENXCHANGE, INC. TO RESPOND TO
OPENWAVE MESSAGING, INC.’S
MOTION TO DISMISS AMENDED
COUNTERCLAIMS AND STRIKE
AMENDED AFFIRMATIVE
DEFENSES AND RESCHEDULING
MOTION HEARING DATE
Courtroom: 2
Judge: The Hon. William H. Orrick

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STIPULATION AND ORDER SETTING TIME TO RESPOND
TO MOTION TO DIMISS AND STRIKE AND
RESCHEDULING MOTION HEARING DATE

Case No. 3:16-cv-00253-WHO

WHEREAS, on July 29, 2016, Open-Xchange, Inc. (“Open-Xchange”) filed its Amended

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2 Counterclaims and Answer to Openwave Messaging, Inc.’s (“Openwave”) Second Amended
3 Complaint (Dkt. 49);
WHEREAS, Openwave filed its Motion to Dismiss Amended Counterclaims and Strike

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5 Amended Affirmative Defenses (Dkt. 50) (“Motion”) on August 22, 2016;
WHEREAS, Open-Xchange’s opposition to Openwave’s Motion presently is due by

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7 September 6, 2016;
WHEREAS, the hearing date for the Motion is currently scheduled for September 28, 2016 at

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9 2:00 p.m.;
WHEREAS, the parties have conferred and agreed that Open-Xchange should be given an

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11 extra week to prepare its opposition, and the hearing date should be adjusted accordingly ;

IT IS ACCORDINGLY STIPULATED, pursuant to Civil L.R. 6-2 and 7-12, by and between

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13 the undersigned counsel for the parties, that:
(i)

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Open-Xchange has no objection and expressly consents to Openwave having filed its
Motion and supporting papers on August 22, 2016;

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(ii)

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Assuming that Open-Xchange is provided an additional week to file its opposition to

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Openwave’s Motion, Open-Xchange will agree it suffered no prejudice as a result of

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Openwave’s filing. Open-Xchange is to file its opposition by September 13, 2016, and

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Openwave will file its reply by September 20;
(iii)

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The hearing date for the Motion is rescheduled from September 28 to October 5, 2016
at 2:00 p.m.

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The present hearing date presents a conflict for both parties, as a deposition in this case has been confirmed to go forward
on that same day.

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STIPULATION AND ORDER SETTING TIME TO RESPOND
TO MOTION TO DIMISS AND STRIKE AND
RESCHEDULING MOTION HEARING DATE

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Case No. 3:16-cv-00253-WHO

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Respectfully submitted,

2 DATED: August 31, 2016

GREENBERG TRAURIG, LLP

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By:

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/s/ David M. Lisi
David M. Lisi
Attorneys for Plaintiff
OPENWAVE MESSAGING, INC.

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7
8 DATED: August 31, 2016

FENWICK & WEST LLP

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By:

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/s/ Jennifer L. Kelly
Jennifer L. Kelly

Attorneys for Defendant

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OPEN-XCHANGE, INC.

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Pursuant to Civil Local Rule 5-1(i)(3), all signatories concur in filing this stipulation.

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16 DATED: August 31, 2016

By:

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/s/ David M. Lisi
David M. Lisi

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***
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ORDER
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21 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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23 Dated: September 2, 2016
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____________________________
The Honorable William H. Orrick
United States District Judge

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LA 132725048v1

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STIPULATION AND ORDER SETTING TIME TO RESPOND
TO MOTION TO DIMISS AND STRIKE AND
RESCHEDULING MOTION HEARING DATE

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Case No. 3:16-cv-00253-WHO