Liveperson, Inc. v. 24/7 Customer, Inc.

Filing 419

STIPULATION AND ORDER re 417 STIPULATION WITH PROPOSED ORDER re 410 MOTION for Summary Judgment Changing Dates for Opposition and Reply Briefs filed by LivePerson, Inc. Signed by Judge Jon S. Tigar on July 27, 2018. (wsn, COURT STAFF) (Filed on 7/27/2018)

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Darin W. Snyder (State Bar No. 136003)
[e-mail]
Mark E. Miller (State Bar No. 130200)
[e-mail]
Geoffrey H. Yost (State Bar No. 159687)
[e-mail]
Alexander B. Parker (State Bar No. 264705)
[e-mail]
Anne E. Huffsmith (Stat Bar No. 236438)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone: [phone]
Facsimile: [phone]

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Attorneys for [24]7.ai, INC. and 24/7
CUSTOMER INTERNATIONAL
HOLDINGS, LTD.

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Michael W. De Vries (State Bar No. 211001)
[e-mail]
Sharre S. Lotfollahi (State Bar No. 258913)
[e-mail]
KIRKLAND & ELLIS, LLP
333 South Hope Street
Los Angeles, CA 90071
Telephone: [phone]
Adam R. Alper (State Bar No. 196834)
[e-mail]
Robert Nai-Shu Kang (State Bar No. 274389)
[e-mail]
James W. Beard (State Bar No. 267242)
[e-mail]
KIRKLAND & ELLIS, LLP
555 California Street
San Francisco, CA 94104
Telephone: [phone]
Joshua L. Simmons (pro hac vice)
[e-mail]
KIRKLAND & ELLIS, LLP
601 Lexington Ave.
New York, NY 10169
Telephone: [phone]

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Attorneys for LIVEPERSON, INC.
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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[24]7.ai, INC. AND 24/7 CUSTOMER
INTERNATIONAL HOLDINGS, LTD.,
Plaintiffs,

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v.
LIVEPERSON, INC.,

LIVEPERSON, INC.,

Case No. 3:17-CV-01268-JST
Plaintiff,

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v.
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STIPULATION AND [PROPOSED]
ORDER CHANGING DATES FOR
SUMMARY JUDGMENT OPPOSITION
AND REPLY BRIEFS

Defendant.

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Case No. 3:15-CV-02897-JST (KAW) (lead)
Case No. 3:15-CV-05585-JST (KAW)

[24]7.ai, INC.

STIPULATION AND [PROPOSED]
ORDER CHANGING DATES FOR
SUMMARY JUDGMENT OPPOSITION
AND REPLY BRIEFS

Defendant.

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STIPULATION AND [PROPOSED]
ORDER CHANGING DATES FOR SUMMARY
JUDGMENT OPPOSITION AND REPLY
BRIEFS

3:15-CV-02897-JST (KAW)
3:15-CV-05585-JST (KAW)
3:17-CV-01268-JST

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STIPULATION AND [PROPOSED] ORDER
Pursuant to Local Rules 6-1, 6-2, and 7-12, Plaintiff LivePerson, Inc. (“LivePerson”) and

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Defendants [24]7.ai, Inc. and 24/7 Customer International Holdings (“collectively, “[24]7”)

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(together, the “Parties”), subject to the Court’s approval and Order, stipulate to slightly extend the

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opposition and reply brief deadlines for [24]7’s motion for summary judgment, filed on July 13,

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2018 in Case No. 3:17-cv-01268 (“the Trade Secret Matter”) to allow the parties adequate time to

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address all of the issues in [24]7’s motion. See De Vries Decl. ¶¶ 3, 6. Specifically, LivePerson

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anticipates filing several declarations in support of its opposition brief, and needs a few additional

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days to allow the declarants to finalize those declarations. Thus, the Parties, subject to the

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Court’s approval and Order, stipulate to extend the deadline for LivePerson to file its summary

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judgment opposition brief, currently set for July 27, 2018, to August 1, 2018 and for [24]7 to

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correspondingly file its summary judgment reply brief, currently set for August 3, 2018, to

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August 13, 2018. These changes to the schedule will not affect any other deadlines in this action,

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because the summary judgment hearing date was recently set for October 25, 2018. See id. at ¶ 5;

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Dkt. 415.

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This Court issued a Scheduling Order on July 26, 2017, and that order set the dispositive

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motion deadline for July 13, 2018 and the opposition and reply deadlines for July 27, 2018 and

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August 3, 2018, respectively. Dkt. 157. These deadlines have not been changed since. See De

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Vries Decl. ¶ 4; Dkts. 386, 415. In order to allow LivePerson adequate time to fully respond to

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[24]7’s summary judgment motion, including to finalize the supporting declarations, LivePerson

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requests extending the opposition deadline by five days and giving [24]7 a reciprocal extension

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on its reply brief. Further, the Court recently moved the hearing date on [24]7’s motion for

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summary judgment to October 25, 2018, so even with the requested extension, the Court would

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still have over two months to consider the parties’ complete briefing prior to the hearing. Dkt.

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415. Thus, LivePerson raised these scheduling issues and this stipulation with counsel for [24]7,

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who indicated they would so stipulate. See id. at ¶ 6.

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STIPULATION AND [PROPOSED]
ORDER CHANGING DATES FOR SUMMARY
JUDGMENT OPPOSITION AND REPLY
BRIEFS

3:15-CV-02897-JST (KAW)
3:15-CV-05585-JST (KAW)
3:17-CV-01268-JST

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Pursuant to the stipulation, the Parties request that: 1) the deadline for LivePerson’s

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summary judgment opposition brief be moved from July 27, 2018, to August 1, 2018; and 2) the

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deadline for [24]7’s summary judgment reply brief be moved from August 3, 2018, to August 13,

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2018.

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Respectfully submitted,
Dated: July 25, 2018

KIRKLAND & ELLIS LLP

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By:

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/s/ Michael W. De Vries
Michael W. De Vries

Attorneys for
LIVEPERSON, INC.

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Dated: July 25, 2018

O’MELVENY & MYERS LLP

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By:

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/s/ Darin Snyder
Darin Snyder

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Attorneys for
[24]7.AI, INC. AND 24/7 CUSTOMER
INTERNATIONAL HOLDINGS, LTD.

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STIPULATION AND [PROPOSED]
ORDER CHANGING DATES FOR SUMMARY
JUDGMENT OPPOSITION AND REPLY
BRIEFS

3:15-CV-02897-JST (KAW)
3:15-CV-05585-JST (KAW)
3:17-CV-01268-JST

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ATTESTATION

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Pursuant to Local Rule 5-1(i)(3), I hereby attest that concurrence in the filing of this

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document has been obtained from Darin Snyder.

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By:

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/s/ Michael W. De Vries
Michael W. De Vries

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Attorneys for
LIVEPERSON, INC.

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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July 27, 2018
Dated: _____________________________

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___________________________________
Hon. Jon S. Tigar
United States District Judge

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STIPULATION AND [PROPOSED]
ORDER CHANGING DATES FOR SUMMARY
JUDGMENT OPPOSITION AND REPLY
BRIEFS

3:15-CV-02897-JST (KAW)
3:15-CV-05585-JST (KAW)
3:17-CV-01268-JST