Dynatrace LLC v. Ramey et al

Filing 40

ORDER Granting Stipulation to Continue Hearing (emclc4S, COURT STAFF) (Filed on 7/15/2016)

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DUANE MORRIS LLP
Karineh Khachatourian (CA SBN 202634)
[e-mail]
Daniel T. McCloskey (CA SBN 191944)
[e-mail]
Anjali Moorthy (CA SBN 299963)
[e-mail]
2475 Hanover Street
Palo Alto, CA 94304-1194
Telephone: [phone]
Facsimile: 650.847.4151
Attorneys for Plaintiff,
DYNATRACE LLC

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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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DYNATRACE LLC,

Case No. 3:16-cv-01777-EMC

v.

STIPULATION AND [PROPOSED]
ORDER CONTINUING HEARING
ON MOTION TO DISMISS

JAMES RAMEY, an individual, and
DEVICEBITS LLC, an Ohio limited
liability company,
Defendants.

Hearing Date: July 28, 2016
Time: 1:30 pm
Ctrm: 5
Judge: Hon. Edward M. Chen

Plaintiff,

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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING;
CASE NO. 3:16-CV-01777-EMC

Pursuant to Civil L.R. 6-1 (b), Plaintiff Dynatrace LLC. (“Plaintiff”) and Defendants

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James Ramey and DeviceBits LLC (collectively, “Defendants”), by and through their undersigned

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attorneys, hereby state and stipulate, subject to Court approval, as follows:

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WHEREAS, Defendants’ Motion to Dismiss for Lack of Personal Jurisdiction or Improper

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Venue, or in the Alternative, to Transfer Venue (the “Motion”), is currently scheduled for hearing

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on July 28, 2016 at 1:30 p.m. in Department 5 of this Court (see D.I. 26);
WHEREAS, in accordance with the Court’s ADR local rules, the parties have met and

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conferred and agreed to participate in private mediation with JAMS in the San Francisco Bay Area,

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to be completed by November 18, 2016 (see D.I. 37);
WHEREAS, the parties have agreed that, in the interest of conserving resources and without

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prejudice to the parties’ respective positions and rights with respect to the Motion, the hearing on

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the Motion should be continued until after the parties have completed mediation, to November 3,

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2016, at 1:30 p.m., unless the parties and the Court agree to an earlier date;
WHEREAS, the parties will meet and confer to schedule the mediation and expect to update

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the Court at the Case Management Conference on July 28, 2016 regarding the status of mediation

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scheduling and whether the Motion should be scheduled for an earlier date;

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WHEREAS, the parties have previously stipulated to a 15 day extension of time for

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Defendants to answer or otherwise respond to the Complaint, to May 24, 2016 (see D.I, 16), and the

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Court previously granted the parties’ request to move the CMC by one week to July 28, 2016, and

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to adjust the briefing schedule on the Motion;
WHEREAS, this requested continuance will not impact the case management schedule, as

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no schedule has been adopted and no trial date has been set;

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-1STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING;
CASE NO. 3:16-CV-01777-EMC

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NOW THEREFORE, IT IS STIPULATED AND AGREED, subject to this Court’s
approval, that:
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The hearing on Defendants’ Motion to Dismiss for Lack of Personal Jurisdiction or

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Improper Venue, or in the Alternative, to Transfer Venue, currently scheduled for July 28, 2016, at

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1:30 p.m., is continued to November 3, 2016, at 1:30 p.m., in Department 5.

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2.

The Case Management Conference set for July 28, 2016, at 1:30 p.m., in Department

5, remains on calendar as previously scheduled.

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DUANE MORRIS LLP

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Dated: July 12, 2016

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By: /s/ Karineh Khachatourian
Karineh Khachatourian
Daniel T. McCloskey
Anjali Moorthy
Attorneys for Plaintiff,
DYNATRACE LLC

.

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GORDON & REES LLP
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Dated: July 12, 2016
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Attorneys for Defendants,
JAMES RAMEY and DEVICEBITS LLC

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By: /s/
Michael Pietrykowski

ORDER
Having read and considered the foregoing Stipulation of the parties submitted herewith and

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for good cause shown,

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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Dated: July 15, 2016

_______________________
Hon. Edward M. Chen
UNITED STATES DISTRICT JUDGE

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-2STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING;
CASE NO. 3:16-CV-01777-EMC