Scheinert v. Tektronix Texas LLC et al

Filing 24

STIPULATION AND ORDER Continuing the 7/21/16 Hearing date for the motions to dismiss and remand, and continuing the September 15, 2016 Case Management Conference. Signed by Judge Richard Seeborg on 7/5/16. (cl, COURT STAFF) (Filed on 7/5/2016)

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CMD LAW GROUP
Christoph M. Diecke (SBN 239177)
525 B Street, Suite 1500
San Diego, CA 92101
Telephone:
[phone]
Facsimile:
[phone]

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THE FRANCO LAW GROUP, APLC
Sergio A. Perez (SBN 234860)
525 B Street, Suite 1500
San Diego, CA 92101
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff,
STEFAN SCHEINERT

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SEYFARTH SHAW LLP
Francis J. Ortman III (SBN 213202)
E-mail: [e-mail]
Chantelle C. Egan (SBN 257938)
E-mail: [e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
TEKTRONIX TEXAS LLC; DANAHER
CORPORATION; NETSCOUT SYSTEMS, INC.; and
NEWFIELD WIRELESS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEFAN SCHEINERT, an individual,

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Plaintiff,
v.
TEKTRONIX TEXAS LLC, a Delaware limited
liability company; DANAHER CORPORATION,
a Delaware corporation; NETSCOUT SYSTEMS,
INC., a Delaware corporation; NEWFIELD
WIRELESS, INC., a California corporation; and
DOES 1 through 50,

Case No. 3:16-cv-02683-RS
JOINT STIPULATION AND [PROPOSED]
ORDER CONTINUING THE JULY 21, 2016
HEARING DATE FOR THE MOTIONS TO
DISMISS AND REMAND, AND
CONTINUING THE SEPTEMBER 15, 2016
CASE MANAGEMENT CONFERENCE
Trial Date: Not Set
Date Action Filed: April 4, 2016

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Defendants.
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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING THE JULY 21, 2016 HEARING DATE FOR THE
MOTIONS TO DISMISS AND REMAND AND CONTINUING THE SEPEMBER 15, 2016 CMC CASE NO. 3:16-CV-02683-RS

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Plaintiff Stefan Scheinert (“Plaintiff”) and Defendants Tektronix Texas LLC, Danaher

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Corporation, NetScout Systems, Inc. (“NetScout”), and Newfield Wireless, Inc. (collectively,

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“Defendants”) (collectively the “Parties”), by and through their respective counsel, hereby stipulate to

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the following:

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WHEREAS on or about May 25, 2016, Defendant NetScout filed a Motion to Dismiss, setting
the hearing on July 7, 2016 (Docket No. 12).

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WHEREAS on or about June 13, 2016, Plaintiff filed a Motion to Remand, setting the hearing on
July 21, 2016 (Docket No. 16).

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WHEREAS the Court continued the Motion to Dismiss hearing to July 21, 2016 (Docket No.

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19), whereas both the pending Motion to Dismiss and the Motion to Remand (collectively, the

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“Motions”) would be heard at the same hearing on July 21, 2016.

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WHEREAS Defendants’ counsel is unavailable to appear for hearing on July 21, 2016.

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WHEREAS the Parties met and conferred concerning their availability for hearing, and counsel

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for the Parties are both available for hearing on the Motions on September 1, 2016 and September 15,

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2016.

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WHEREAS the Court continued the Case Management Conference (CMC) previously set for
August 18, 2016 at 10:00 a.m. to September 15, 2016 at 10:00 a.m. (Docket No. 20).
WHEREAS the Parties agree that the CMC should be continued pending the Court’s ruling on
Plaintiff’s Motion to Remand and Defendant NetScout’s Motion to Dismiss.
THEREFORE, IT IS STIPULATED that the hearing for the Motions be continued to a date

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when the Parties’ counsel are all available, and thus the Parties stipulate to continue the hearing on the

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Motions from July 21, 2016 to either September 1, 2016 or September 15, 2016.

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IT IS FURTHER STIPULATED that the Case Management Conference presently set for

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September 15, 2016 at 10:00 a.m. be continued to either October 13, 2016 or November 3, 2016,

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pending the Court’s ruling on Plaintiff’s Motion to Remand and Defendant NetScout’s Motion to

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Dismiss.

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING THE JULY 21, 2016 HEARING DATE FOR THE
MOTIONS TO DISMISS AND REMAND AND CONTINUING THE SEPEMBER 15, 2016 CMC CASE NO. 3:16-CV-02683-RS

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IT IS FURTHER STIPULATED that to the extent the Court is unavailable for hearing on either

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September 1, 2016, or September 15, 2016, or for the CMC on either October 13, 2016 or November 3,

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2016, the Parties will renew their meet and confer efforts to schedule the hearing for the Motions or the

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CMC for a date when the Parties’ counsel can all attend and the Court also has availability.

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IT IS SO STIPULATED.
DATED: July 1, 2016

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Respectfully submitted,
CMD LAW GROUP
THE FRANCO LAW GROUP, APLC

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By:

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DATED: July 1, 2016

/s/ Christoph M. Diecke
Christoph M. Diecke
Sergio A. Perez
Attorneys for Plaintiff
STEFAN SCHEINERT

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SEYFARTH SHAW LLP

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By: /s/ Chantelle C. Egan
Francis J. Ortman III
Chantelle C. Egan
Attorneys for Defendants
TEKTRONIX TEXAS LLC; DANAHER
CORPORATION; NETSCOUT SYSTEMS, INC.;
and NEWFIELD WIRELESS, INC.

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ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)
I, Chantelle C. Egan, attest that concurrence in the filing of this stipulation has been obtained
from the signatory Christoph M. Diecke, Plaintiff’s counsel.
Executed this 1st day of July, 2016, in San Francisco, California.
By:

/s/ Chantelle C. Egan
Chantelle C. Egan

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING THE JULY 21, 2016 HEARING DATE FOR THE
MOTIONS TO DISMISS AND REMAND AND CONTINUING THE SEPEMBER 15, 2016 CMC CASE NO. 3:16-CV-02683-RS

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[PROPOSED] ORDER
Based on the good cause presented, the Court GRANTS the above Stipulation. The hearing for

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Defendant NetScout System, Inc.’s Motion to Dismiss and Plaintiff Stefan Scheinert’s Motion to

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Remand is continued from July 21, 2016 to September [1 or 15], 2016 at 1:30 p.m. The Case

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Management Conference is continued from September 15, 2016 to [October 13, 2016 or November 3,

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2016] at 10:00 a.m.

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IT IS SO ORDERED.
7/5
Date: _________________, 2016

________________________________________________
The Honorable Richard Seeborg

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING THE JULY 21, 2016 HEARING DATE FOR THE
MOTIONS TO DISMISS AND REMAND AND CONTINUING THE SEPEMBER 15, 2016 CMC CASE NO. 3:16-CV-02683-RS