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

Filing 93

ORDER granting 91 STIPULATION to continue deadlines re 88 MOTION to Dismiss. Response due by 7/21/2017. Reply due by 8/2/2017. Signed by Judge William H. Orrick on 07/06/2017. (jmdS, COURT STAFF) (Filed on 7/6/2017)

1 DAVID M. LISI (SBN 154926)
[e-mail]
2 MONICA A. HERNANDEZ (SBN 280195)
[e-mail]
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PILLSBURY WINTHROP SHAW PITTMAN LLP
4 2550 Hanover Street
Palo Alto, CA 94304-1115
650.233.4500
5 Telephone:
Facsimile:
650.233.4545
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Attorneys for Plaintiff and Counterclaim7 defendant 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

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OPENWAVE MESSAGING, INC., a
13 Delaware corporation,

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

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STIPULATION AND ORDER TO EXTEND
TIME TO RESPOND TO OPEN-XCHANGE,
INC.’S MOTION TO DISMISS

Plaintiff and Counterclaimdefendant,

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v.

Date:
Time:
Courtroom:
Judge:

17 OPEN-XCHANGE, INC., a Delaware
corporation,
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Defendant and
Counterclaimant.
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August 16, 2017
2:00 p.m.
2, 17th Floor
Hon. William H. Orrick

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-1Case No. 3:16-cv-00253-WHO

Stipulation and Order to Extend Time to Respond to
Open-Xchange, Inc.’s Motion to Dismiss

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Pursuant to Civil Local Rule 6-2, plaintiff Openwave Messaging, Inc. (“Openwave”) and

2 defendant Open-Xchange, Inc. (“Open-Xchange”) hereby file this Stipulation to extend
3 Openwave’s time to file an opposition Open-Xchange’s Motion to Dismiss or Stay Duplicative
4 Trade Secret Claims (Dkt. 88) (“Motion to Dismiss”) and Open-Xchange’s time to file a reply to
5 Openwave’s opposition.
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Whereas, on June 30, 2017, Open-Xchange filed its Motion to Dismiss;

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Whereas, Openwave’s opposition to the Motion to Dismiss is due on July 14, 2017

8 pursuant to Civil Local Rule 7-3(a);
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Whereas, Open-Xchange’s reply to Openwave’s opposition is due on July 21, 2017

10 pursuant to Civil Local Rule 7-3(c);
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Whereas, the parties have agreed that Openwave’s time to file an opposition the Motion

12 to Dismiss should be extended to July 21, 2017 and that Open-Xchange’s time to file a reply to
13 Openwave’s opposition should be extended to August 2, 2017;
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Whereas, the hearing on the motion to dismiss is set for August 16, 2017.

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IT IS HEREBY STIPULATED, by and between the undersigned counsel of the parties,

16 that:
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(i)

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Openwave’s time to file an opposition to the Motion to Dismiss is extended to
July 21, 2017;

(ii)

Open-Xchange’s time to file a reply to Openwave’s opposition is extended to
August 2, 2017.

SO STIPULATED.
Dated: July 5, 2017

PILLSBURY WINTHROP SHAW
PITTMAN LLP

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By:

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-2Case No. 3:16-cv-00253-WHO

/s/ David M. Lisi
DAVID M. LISI
MONICA A. HERNANDEZ
Attorneys for Plaintiff and Counterclaimdefendant Openwave Messaging, Inc.

Stipulation and Order to Extend Time to Respond to
Open-Xchange, Inc.’s Motion to Dismiss

1 Dated: July 5, 2017
2

FENWICK & WEST LLP
By:

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/s/ Jennifer L. Kelly
JENNIFER L. KELLY
TODD R. GREGORIAN
Attorneys for Defendant and
Counterclaimant Open-Xchange, Inc.

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ATTESTATION

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Pursuant to Civil Local Rule 5-1(i)(3), I attest that all other signatories listed, and on

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whose behalf this filing is submitted, concur in the filing’s content and have authorized the
filing.

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11 Dated: June 5, 2017

By:

/s/ David M. Lisi
David M. Lisi

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***

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ORDER

15 PURSUANT TO THE FOREGOING STIPULATION, IT IS SO ORDERED.
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18 Dated: July 6, 2017

By:

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Honorable William H. Orrick
United States District Judge

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

Stipulation and Order to Extend Time to Respond to
Open-Xchange, Inc.’s Motion to Dismiss