Alert Enterprises, Inc. v. Johnson Controls, Inc.,

Filing 40

STIPULATION AND ORDER resetting CMC. Case Management Statement due by 9/15/2016. Initial Case Management Conference set for 9/22/2016 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 8/12/16. (bpfS, COURT STAFF) (Filed on 8/12/2016)

1 SEDGWICK LLP
JA:YIES P. DIWIK (State Bar No. 164016)

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.Ji<l'ik (isedr,;;wicklaw.com
ARIA GIARDINA (State Bar No. 104455)

3 maria.giardina (isedt,n,vicklaw. com
ALEXANDER A. GUNEY (State Bar No. 308192)
4 alexander.gunev~sedgwicklaw.com
333 Bush Street, 10th Floor
5 San Francisco, CA 94104-2834
Telephone: [phone]
6 Facs1milc: 415.781.2635
7 Attorneys for Defendant and Counter-Claimant
JOHNSON CONTROLS, INC.

8

SACKS, RICKETS & CASE LLP
STEPHEN A. CHIARI (State Bar No. 22141 0)

9

schiari(cl srclmv. com
10 ADRIANNA A. RUBINO (State Bar No. 300951)

arzrhim/a srclmv. com
11

177 PostStrcet, Suite 650
San Francisco, CA 941 08
12 Telephone: [phone]
Facs1milc: ~ 15.549.06~0
1"' I
Attorne\s for Plaintiff and Counter-Defendant
14 ALER'(ENTERPRISE, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. 3: 16-cv-02900 EMC

ALERTENTERPRISE, INC., a
Delaware Corporation,

STIPULATION AND PROPOSED
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE
AND OTHER PENDING
DEADLINES

1

Hon. Edward M. Chen
5, 17th Floor

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Case No. 3: 16-cv-02900-EMC

STII'l:!:\ 110'\J ;\"-.;!) I'ROI'OSID ORDI R COl\TI'\JlJINCi CASE MANAGEMENT CONFERENCE AND
OTHI R PF\:DING DEADLil\ES

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Plaintiff AlertEnterprise, Inc. ("Plaintiff') and defendant Johnson Controls,

2 • Inc. ("'Defendant") (collectively, ""the Parties"), petition this Court for an order by
3 stipulation pursuant to Civil Local Rule 16-2(d) and the Rule 4 of the "Civil
4 Standing Order- General U.S. District Judge Edward M. Chen," dated March 12,
5 2015, to continue the Case Management Conference scheduled on August 25, 2016
to a date after the hearing on Defendant's Motion to Transfer Venue.

Recitals

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I.

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On April 26, 2016, Plaintiff filed a complaint in the above-entitled action in

9 the Superior Court for the State of California, County of Alameda ("Complaint");
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On May 31, 2016, Defendant removed the above-entitled action to the United
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l I ,,I States District Court for the Northern District of California;
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On July 5. 2016, this Court entered a Notice resetting the Case Management

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13 : Conference for August 25, 2016 at 1:30 PM (Dkt. # 23 );
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On July 20,2016, Defendant tiled a Motion to Transfer Venue in the above-

IS entitled action, seeking a transfer of venue to the United States District Court for the
16 Northern District of Georgia (Dkt. # 26). Defendant's Motion to Transfer Venue is
17 · scheduled to be heard before this Court on August 25, 20 16;

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There ha\ e been no prior continuances of the Case Management Conference

19: or other deadlines associated with this matter.

II. Grounds for Stipulation

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The Parties have met and conferred and agree that continuance of the

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22 currently scheduled Case Management Conference to a date after the August 25,
23 , 2016 hearing on Defendant's Motion to Transfer Venue will permit more efficient
24: case management, will serve the interests ofjudicial economy, and will conserve
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party resources.

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Specifically, in the event Motion to Transfer Venue is granted, it will require

27 trial counsel in the transferee venue to comply with the requirements of Rule 16 of

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28 i the Federal Rules of Civil Procedure ("Rule 16'') and any related local rules of the
S362-2;1" I
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Slll;t,TAT!O"J A\D PROPOSED ORDER COl\TI"JUING CASE MANAGEMENT CONFERENCE AND
OTHI R PFl\.iDING DEADLil\FS
II
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transferee court governing the Rule 26( t) conference and report and the Case
Management Conference. Thus, continuance ofthe Case Management Conference

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3 . \vill avoid an unnecessary duplication of effort by present counsel and will avoid
4 : waste of this Court's judicial resources.
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In the event the Motion to Transfer Venue is denied, the parties agree that the

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6! proposed continuance will allow current counsel adequate time to conduct a Rule
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7 : 26( f) conference and prepare and submit a joint report as required under Rule 16 and
8 this Court's local rules prior to the date of the continued Case Management
9 · Conference.
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The parties further agree that it is in the interests of efficient case
management to continue pending deadlines under Civil Local Rule 16.8 and ADR

12 Local Rule 3-5 to conform to the date of the continued Case Management
13 Conference.

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II I.

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Based on the foregoing. the Parties. by and through their respective counsel of

Stipulation

16 record, hereby stipulate and agree that:
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1. The August 25, 2016 Case Management Conference shall be continued

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to a date no earlier than September 22, 2016, or another date that is

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convenient for this Court.
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The deadline for the parties to tile a Joint Case Management Statement

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shall be governed by the date of the continued Case Management

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Conference.
3. Compliance with the procedures under Civil Local Rule 16-8 and ADR

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Local Rule 3-5 shall be governed by the date of the continued Case

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Management Conference.

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CaseNo.3:16-cv-02900-EMC
STIPULATION A"JD PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND
OTIIER PENDING DEADLINES

XJh2'21("1

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IT IS

so STIPULATED.

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2 DATED: August 8, 2016
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SACKS RICKETTS & CASE LLP

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By: Is/ Steve Chiari
Steve Chiari
Attorneys for Plaintiff
ALERTENTERPRISE, INC.

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DATED: August 8, 2016

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SEDGWICK LLP

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By: /s/!vfaria J. Giardina
Maria J. Giardina
Attorneys for Defendant
JOHNSON CONTROLS, INC.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
IT IS FURTHERED ORDERED that the Case Management Conference be

September 22, 2016 at 9:30 a.m.
18 :·continued to~------------

A joint CMC statement

shall be filed by September 15, 2016.
9 DATED: August _ _ _ , 2016
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S
UNIT
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S DISTRICT
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THE HONORABLE EDWARD M. CHEN
ERED
O ORD D JUDGE
UNITED ISTATES DISTRICT
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Chen

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Judge E

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Case No. 3: 16-cv-02900-EMC

S lll'l 'lA liON A\ID PROPOSED ORD!R CON 11\IUINCj CASE MANAGEMENT CONFERENCE AND
OTHI R PI-:\DING DEADLINES

ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-l

I, Maria J. Giardina, attest that concurrence in the filing of this Stipulation to
3 Continue the Case Management Conference and Other Pleading Deadlines (L.R. 64 2(a)) has been obtained from the other signatory. I declare under penalty of perjury
5 under the laws of the United States of America that the foregoing is true and correct.
Executed this 8111 day of August, 2016, in San Francisco, California.

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SEDGWICK LLP

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By:

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Is/ lvfaria J. Giardina
Maria J. Giardina

Attorneys for Defendant
JOHNSON CONTROLS, INC.

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-5Case No.3: 16-cv-02900-EMC
STIPULATION AND PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND
OTIIER PENDING DEADLINES

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