SuccessFactors, Inc. v. Softscape, Inc.

Filing 246

ORDER re 245 GRANTING STIPULATION to File Amended Pleadings. Signed by Judge CLAUDIA WILKEN on 10/6/08. (scc, COURT STAFF) (Filed on 10/6/2008)

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW M O U N T A I N VI E W

LAURENCE F. PULGRAM (CSB NO. 115163) [e-mail] LIWEN A. MAH (CSB NO. 239033) [e-mail] FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] PATRICK E. PREMO (CSB NO. 184915) [e-mail] HENRY Z. CARBAJAL III (CSB No. 237951) [e-mail] DENNIS FAIGAL (CSB NO. 252829) [e-mail] FENWICK & WEST LLP Silicon Valley Center 801 California Street Mountain View, CA 94041 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff SUCCESSFACTORS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION SUCCESSFACTORS, INC., a Delaware corporation, Plaintiff, v. SOFTSCAPE, INC., a Delaware corporation; and DOES 1-10, inclusive, Defendants. /// /// /// ///
STIPULATION AND [PROPOSED] ORDER TO FILE AMENDED PLEADINGS 1 CASE NO.: CV 08 1376 CW (BZ)

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Case No. CV 08 1376 CW (BZ)

STIPULATION AND ORDER TO FILE AMENDED PLEADINGS
Complaint Filed: March 11, 2008 Trial Date: June 1, 2009

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW M O U N T A I N VI E W

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff SuccessFactors, Inc. and Defendant Softscape, Inc., through their respective counsel of record, that Plaintiff SuccessFactors may file an Amended or Supplemental Complaint, and that Defendant Softscape may file an Amended Answer and Counterclaim. The parties have agreed to exchange the proposed amended pleadings by October 3, 2008, which is the current deadline to file the amended pleadings. They have further agreed that they will file the amended pleadings with the Court by October 7, 2008. The parties jointly petition the Court for leave to file the amended pleadings by October 7, 2008 and further request that each side be permitted up to fifteen (15) court days to respond to the amended or supplemental pleadings. By October 7, 2008, the parties also agree to submit a stipulation to propose modifications to the existing pretrial and trial schedule. To date, the parties have requested only one prior 30-day extension of time to amend the pleadings (see Dkt. No. 213), but have not otherwise sought any extensions of time for any other pretrial or trial deadlines set forth in the Case Management Order entered July 1, 2008 (see Dkt. No. 150). IT IS SO STIPULATED.

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Dated: October 3, 2008

FENWICK & WEST LLP

BY: Dated: October 3, 2008

/s/ Patrick E. Premo

Attorneys For Plaintiff SUCCESSFACTORS, INC. MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO, PC

By:

/s/ Bryan Sinclair

Attorneys For Defendant SOFTSCAPE, INC.

STIPULATION AND [PROPOSED] ORDER TO FILE AMENDED PLEADINGS

2

CASE NO.: CV 08 1376 CW (BZ)

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW M O U N T A I N VI E W

ATTESTATION PURSUANT TO GENERAL ORDER 45 Concurrence in the filing of this document has been obtained from the other signatory.

Dated: October 3, 2008

FENWICK & WEST LLP

BY:

/s/ Patrick E. Premo

Attorneys For Plaintiff SUCCESSFACTORS, INC.

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STIPULATION AND [PROPOSED] ORDER TO FILE AMENDED PLEADINGS 3 CASE NO.: CV 08 1376 CW (BZ)

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW M O U N T A I N VI E W

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. 10/6 Dated: , 2008 The Honorable Claudia Wilken United States District Court Judge

1292390

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STIPULATION AND [PROPOSED] ORDER TO FILE AMENDED PLEADINGS 4 CASE NO.: CV 08 1376 CW (BZ)