Motha v. Time Warner Cable Inc. et al

Filing 15

ORDER by Judge Haywood S. Gilliam, Jr. Granting 13 Stipulation Regarding Interim Disposition of Disputed Intellectual Property and Scheduling. (ndrS, COURT STAFF) (Filed on 9/21/2016)

1
2
3
4
5

CHARLES CARREON (CSB# 127139)
1257 Siskiyou Blvd., # 7
Ashland, Oregon 97520
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Plaintiff Josslyn Motha

6
7
8
9
10

ERIC BALL (CSB No. 241327)
[e-mail]
FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
Telephone:
650.988.8500
Facsimile:
650.938.5200

11
12
13
14

Attorneys for Defendants
Time Warner Cable Inc.,
Time Warner Cable Enterprises LLC,
Time Warner NY Cable LLC,
Charter Communications, Inc., and
Bank of America NA

15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA
17
18

JOSSLYN MOTHA,
Plaintiff,

19
20
21

vs.

24

TIME WARNER CABLE, INC., TIME
WARNER CABLE ENTERPRISES, LLC,
TIME WARNER NY CABLE LLC,
CHARTER COMMUNICATIONS, INC.,
AND BANK OF AMERICA NA,

25

Defendants.

22
23

)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 3:16-cv-03585-HSG
STIPULATION AND ORDER
REGARDING INTERIM DISPOSITION OF
DISPUTED INTELLECTUAL PROPERTY
AND SCHEDULING

26
27
28
___________________________________________________________________________________________________
STIPULATION REGARDING INTERIM DISPOSITION OF DISPUTED INTELLECTUAL PROPERTY AND SCHEDULING
Page 1 of 6

1

PROCEDURAL BACKGROUND

2

Plaintiff Josslyn Motha has filed a complaint for conversion of patents and related

3

intellectual property against Defendants Time Warner Cable Inc., Time Warner Cable

4

Enterprises LLC, Time Warner NY Cable LLC, Charter Communications, Inc., and Bank of

5

America NA. Plaintiff alleges that Charter Communications, Inc. is the corporate acquirer of the

6

Time Warner entities, and is named for that reason. Plaintiff alleges that Bank of America NA is

7

named in its role as titled assignee of the Disputed IP. The action was filed on June 24, 2016,

8

and all of the named defendants were served no later than July 5, 2016. Realizing the

9

complexity of the situation from the side of the defendants, plaintiff's counsel provided the

10

defendants with extensions of time that are now reciprocated in the following stipulation.

11

Further, after meeting and conferring prior to plaintiff's intended filing of a motion for

12

preliminary injunction to restrain further transfer of the Disputed IP, counsel resolved the matter

13

by means of a further stipulation incorporated below.

14

STIPULATION

15

IT IS HEREBY STIPULATED, by and between Plaintiff and Defendants hereto, and each of

16

them, through their respective counsel of record, as undersigned herein below, as follows:

17

SCHEDULING

18

1. Defendants shall have until September 22, 2016 to file responses to the complaint;

19

2. In the event any or all of the Defendants file motions in response to the Complaint,

20

Plaintiff shall have until October 27, 2016 to respond to said motions, and the Defendants

21

shall have until November 15, 2016 to file any reply to the Plaintiff’s response;

22

3. The parties request that the Initial Case Management Conference in this matter be

23

continued from October 4, 2016 at 2:00 p.m. to November 7, 2016 at 2:00 p.m. or any

24

later date available from the Court;

25
26

4. This is the first requested time modification submitted to the Court for approval in this
case; and

27
28
___________________________________________________________________________________________________
STIPULATION REGARDING INTERIM DISPOSITION OF DISPUTED INTELLECTUAL PROPERTY AND SCHEDULING
Page 2 of 6

1

5. The requested schedule will not have an effect on the trial or discovery schedule for the

2

case because a case schedule has not been proposed by the parties or ordered by the

3

Court.

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

INTERIM DISPOSITION OF DISPUTED IP
6. Defendants shall:
a. not transfer or convey the intellectual properties identified in Exhibit A to the
Complaint, or any domestic or foreign patents, patent applications, or patent
continuations submitted based on the intellectual properties listed in Exhibit A
(the “Disputed IP”) prior to judgment in or dismissal of this action without first
providing Plaintiff 45-days’ notice of the intent to transfer the Disputed IP; and
b. act in accordance with any order of the Court regarding the disposition of the
Disputed IP, including but not limited to any order in connection with any motion
filed by Plaintiff for a preliminary injunction.
7. The parties agree that this stipulation will not be used as evidence to support any
inference, judgment or finding against any party regarding the Disputed IP.
8. In deciding any motion for preliminary injunction of Plaintiff filed in reliance upon this
stipulation, the Court shall find no prejudicial delay on Plaintiff's part in filing the motion
based on this stipulation. Defendants, however, reserve their rights regarding any delay
alleged to have arisen prior to Plaintiff’s filing of her Complaint.
9. The parties shall meet and confer in good faith on or before September 28, 2017 to
discuss whether an extension of paragraph 6’s notice provision is warranted, and in the
event that it is not, the parties shall jointly stipulate to dissolve or amend the stipulation.

23
24

Dated: September 19, 2016

CHARLES CARREON
Attorney at Law

25
26
27

By: /s/Charles Carreon
CHARLES CARREON (127139)
Attorney for Plaintiff Josslyn Motha

28
___________________________________________________________________________________________________
STIPULATION REGARDING INTERIM DISPOSITION OF DISPUTED INTELLECTUAL PROPERTY AND SCHEDULING
Page 3 of 6

1
2
3
4
5
6

Dated: September 20, 2016

FENWICK & WEST, LLP
By: /s/Eric Ball
ERIC BALL (241327)
Attorneys for Defendants
Time Warner Cable Inc.,
Time Warner Cable Enterprises LLC,
Time Warner NY Cable LLC,
Charter Communications, Inc., and
Bank of America NA

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
___________________________________________________________________________________________________
STIPULATION REGARDING INTERIM DISPOSITION OF DISPUTED INTELLECTUAL PROPERTY AND SCHEDULING
Page 4 of 6

1

ORDER

2

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED as follows:

3

1. The Case Management Conference is continued to November 8, 2016 at 2:00 p.m.

4

2. Defendants shall have until September 22, 2016 to file responses to the complaint.

5

3. Plaintiff shall have until October 27, 2016 to respond to said motions, and the

6

Defendants shall have until November 15, 2016 to file any reply to the Plaintiff’s

7

response.

8
9

4. The parties will comply with the stipulation regarding the Disputed IP in paragraphs
6-9 of this stipulation.

10
11

Dated: September 21, 2016
The Honorable Haywood S. Gilliam, Jr.
United State District Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

___________________________________________________________________________________________________
STIPULATION REGARDING INTERIM DISPOSITION OF DISPUTED INTELLECTUAL PROPERTY AND SCHEDULING
Page 5 of 6

1
2
3
4
5

ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)
I, Eric Ball, am the ECF User whose identification and password are being used to file
this Stipulation And [Proposed] Order Regarding Interim Disposition of Disputed Intellectual
Property and Scheduling. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that all
signatories have concurred in this filing.

6
7
8
9
10
11
12

Dated: September 20, 2016

FENWICK & WEST, LLP
By: /s/Eric Ball
ERIC BALL (241327)
Attorneys for Defendants
Time Warner Cable Inc.,
Time Warner Cable Enterprises LLC,
Time Warner NY Cable LLC,
Charter Communications, Inc., and
Bank of America NA

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
___________________________________________________________________________________________________
STIPULATION REGARDING INTERIM DISPOSITION OF DISPUTED INTELLECTUAL PROPERTY AND SCHEDULING
Page 6 of 6