Software Research, Inc. v. Dotcom-Monitor, Inc.

Filing 32

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND HEARING ON 23 MOTION TO DISMISS: Initial Case Management Conference and Motion Hearing are reset for 10/6/2016 at 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Case Management Statement due by 9/29/2016. Signed by Judge Edward M. Chen on 9/8/2016. (afmS, COURT STAFF) (Filed on 9/8/2016)

1 SINGER / BEA LLP
2
3
4
5
6
7
8
9
10
11
12

Benjamin L. Singer (Bar. No. 264295)
[e-mail]
Douglas S. Tilley (Bar No. 265997)
[e-mail]
601 Montgomery Street, Suite 1950
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff Software Research, Inc.
MASLON LLP
Terrance C. Newby (admitted pro hac vice)
Thomas R. Pack (Bar No. 287268)
3300 Wells Fargo Center
90 South Seventh Street
Minneapolis, Minnesota 55402
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant Dotcom-Monitor, Inc.

13
UNITED STATES DISTRICT COURT

14
15

NORTHERN DISTRICT OF CALIFORNIA

16

SAN FRANCISCO DIVISION

17
18 SOFTWARE RESEARCH, INC., a California
19

corporation,
Plaintiff,

20
21

v.
DOTCOM-MONITOR, INC., a Minnesota

22 corporation, and DOES 1 through 10,
23

CASE NO. 16-CV-2970-EMC
STIPULATED REQUEST AND
[PROPOSED] ORDER CONTINUING
CASE MANAGEMENT CONFERENCE
AND HEARING ON MOTION TO
DISMISS COUNTERCLAIMS AND TO
STRIKE AFFIRMATIVE DEFENSES
(CIV. L.R. 6-2)

Defendants.

24
25
26
27
28
STIPULATED REQUEST AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND HEARING ON MOTION
TO DISMISS COUNTERCLAIMS AND TO STRIKE AFFIRMATIVE DEFENSES (CIV. L.R. 6-2)
CASE NO. 16-CV-2970-EMC

1

Pursuant to Civ. L.R. 6-2, Plaintiff Software Research, Inc. (“SRI”) and Defendant Dotcom-

2 Monitor, Inc. (“Dotcom-Monitor”) (collectively, “the Parties”) submit this STIPULATION AND
3 [PROPOSED] ORDER for the Court’s approval:
4

WHEREAS, on June 2, 2016, SRI filed its Complaint against Dotcom-Monitor (Dkt. No. 1);

5

WHEREAS, on June 6, 2016, the Court set an Initial Case Management Conference for

6 September 1, 2016 (Dkt. No. 7);
7

WHEREAS, on July 5, 2016, pursuant to Civ. L.R. 6-1(a), the Parties stipulated to extend

8 Dotcom-Monitor’s deadline to respond to SRI’s Complaint to July 19, 2016 (Dkt. No. 11);
9

WHEREAS, on July 19, 2016, Dotcom-Monitor filed an Answer to SRI’s Complaint,

10 asserting various affirmative defenses and counterclaims (Dkt. No. 13);
11

WHEREAS, on August 12, 2016, SRI moved to dismiss Dotcom-Monitor’s counterclaims

12 and strike certain of Dotcom-Monitor’s affirmative defenses, and noticed a hearing on such motion
13 for September 22, 2016 (Dkt. No. 23);
14

WHEREAS, on August 12, 2016, the Clerk reset the Initial Case Management Conference for

15 September 22, 2016 (Dkt. No. 24);
16

WHEREAS, lead trial counsel for SRI, who is required to appear at the Initial Case

17 Management Conference pursuant to Civ. L.R. 16-10(a) and wishes to do so, is unavailable on
18 September 22, 2016;
19

WHEREAS, the Parties have met and conferred regarding a stipulated request to continue the

20 Initial Case Management Conference and motion hearing set for September 22, 2016;
21 //
22 //
23 //
24 //
25 //
26 //
27 //
28
-2STIPULATED REQUEST AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND HEARING ON MOTION TO
DISMISS COUNTERCLAIMS AND TO STRIKE AFFIRMATIVE DEFENSES (CIV. L.R. 6-2)
CASE NO. 16-CV-2970-EMC

1

IT IS HEREBY STIPULATED that (a) the Initial Case Management Conference and

2 hearing on SRI’s motion to dismiss and to strike, if any, be continued from September 22, 2016 to
3 October 6, 2016 at 1:30 p.m, and (b) the Parties will submit a Joint Case Management Statement
4 pursuant to Civ. L.R. 16-9(a) on or before September 29, 2016.
5

The Parties’ Stipulation will not affect any other deadline set by the Court or otherwise impact

6 the case schedule.
7
8 Date: September 7, 2016

Respectfully submitted,

9

SINGER / BEA LLP
By: /s/ Benjamin L. Singer

10

Benjamin L. Singer
Douglas S. Tilley
Attorneys for Plaintiff Software Research, Inc.

11
12
13

MASLON LLP

14

By:

15
16

/s/ Terrance C. Newby
Terrance C. Newby
Thomas R. Pack
Attorneys for Defendant Dotcom-Monitor, Inc.

17
18

ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)

19

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

20 on whose behalf the filing is submitted concur in this filing’s content and have authorized this filing.
21
22 Date: September 7, 2016
23

By: /s/ Benjamin L. Singer
Benjamin L. Singer

24
25

PURSUANT TO STIPULATION, IT IS SO ORDERED.

26 Date:
27

September 8, 2016

HON. EDWARD M. CHEN
UNITED STATES DISTRICT JUDGE

28
-3STIPULATED REQUEST AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND HEARING ON MOTION TO
DISMISS COUNTERCLAIMS AND TO STRIKE AFFIRMATIVE DEFENSES (CIV. L.R. 6-2)
CASE NO. 16-CV-2970-EMC