SuccessFactors, Inc. v. Softscape, Inc.

Filing 251

ORDER re 247 GRANTING Joint Stipulation Modifying Deadlines in re 150 Case Management Order. Further Case Management Conference set for 4/16/2009 02:00 PM. Jury Trial set for 7/13/2009 08:30 AM. Motion Hearing set for 4/16/2009 02:00 PM. Pretrial Conference set for 6/23/2009 02:00 PM.. Signed by Judge CLAUDIA WILKEN on 10/9/08. (scc, COURT STAFF) (Filed on 10/9/2008)

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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. Case No. CV 08 1376 CW (BZ)

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JOINT STIPULATION AND ORDER MODIFYING DEADLINES IN CASE MANAGEMENT ORDER
[CIVIL L.R. 6-2, 7-12] Complaint Filed: March 11, 2008 Trial Date: June 1, 2009

JOINT STIPULATION AND [PROPOSED] ORDER MODIFYING DEADLINES IN CASE MGMT. ORDER

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

Plaintiff SuccessFactors, Inc. and Defendant Softscape, Inc., through their respective counsel of record, submit this Joint Stipulation and [Proposed] Order Modifying Deadlines in Case Management Order and as good cause state: On October 6, 2008, the Court issued an Order granting leave for the parties to file amended pleadings. (Dkt. No. 246; see Decl. of Patrick Premo in Supp. of Joint Stip. and [Proposed] Order ("Premo Decl."), ¶ 3.) The current schedule does not afford sufficient time for the parties to obtain adequate discovery on newly introduced claims and counterclaims. (Id. ¶¶ 45.) Thus, the parties request a modest extension of pretrial and trial deadlines as set forth below. (Id. ¶ 5.) To date, the parties have requested only two prior extensions of time to amend the pleadings (see Dkt. Nos. 213 and 245), 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; Premo Decl. ¶ 6.) Accordingly, the parties hereby stipulate and agree to the following modifications to the existing pretrial and trial schedule:1

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DESCRIPTION Fact discovery closes; last day to serve supplemental disclosures; last day to identify affirmative expert witnesses Last day to file motions to compel discovery Last day for the parties to exchange opening expert reports Last day for the parties to exchange rebuttal expert disclosures and reports Expert discovery closes Last day for Defendant to file and serve initial Motion for Summary Judgment
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DEADLINE December 23, 2008 January 8, 2009 January 16, 2009 February 9, 2009 February 23, 2009 March 5, 2009

The parties agree on all proposed deadlines listed in this Stipulation with the exception of the new trial date. Although the parties are in agreement that a resetting of the trial date is appropriate, SuccessFactors requests a new trial date of July 6, 2008, while Softscape requests a new trial date of July 13, 2008. The parties request that the Court select the new trial date from among the parties' proposals. (See Premo Decl. ¶ 5.) -1CASE NO.: CV 08 1376 CW (BZ)

JOINT STIPULATION AND [PROPOSED] ORDER MODIFYING DEADLINES IN CASE MGMT. ORDER

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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

DESCRIPTION Last day for Plaintiff to file and serve Opposition to Motion for Summary Judgment and Cross-Motion for Summary Judgment (contained within a single brief) Last day for Defendant to file and serve reply/opposition to CrossMotion (contained within a single brief) Last day for Plaintiff to file and serve surreply Last day to respond for requests for authentication of documents · · Hearing on Motions and Cross-Motions for Summary Judgment Further Case Management Conference

DEADLINE March 19, 2009

March 26, 2009 April 2, 2009 April 13, 2009 April 16, 2009, 2:00 p.m. May 22, 2009 June 3, 2009

Last day for parties to exchange papers described in Civil Local Rules 16-10(b)(7), (8), (9) and (10) and Motions in Limine Last day for lead counsel to meet and confer regarding: · · · Preparing content of Joint Pretrial Conference Statement Resolving disputes regarding pretrial materials to be lodged with the Court Settlement of the action

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Last day to file: · · · · · · · · · · Joint Pretrial Conference Statement Trial Exhibit List and Objections Premarked Trial Exhibits (to be lodged with the Court) Witness List Discovery response excerpts Trial briefs Motions in Limine Joint Proposed Voir Dire Joint Proposed Jury Instructions Proposed Verdict Forms, Joint or Separate -2-

June 12, 2009

JOINT STIPULATION AND [PROPOSED] ORDER MODIFYING DEADLINES IN CASE MGMT. ORDER

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

DESCRIPTION · Proposed Findings of Fact and Conclusions of Law

DEADLINE

Final Pretrial Conference Jury trial begins [Estimated 8 days in length]

June 23, 2009, 2:00 p.m. Plaintiff proposes July 6, 2009; Defendant proposes July 13, 2009

IT IS SO STIPULATED.

Dated: October 7, 2008

FENWICK & WEST LLP

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JOINT STIPULATION AND [PROPOSED] ORDER MODIFYING DEADLINES IN CASE MGMT. ORDER

By:

/s/ Patrick E. Premo

Attorneys For Plaintiff SUCCESSFACTORS, INC. Dated: October 7, 2008 MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO, PC

By:

/s/ Bryan Sinclair

Attorneys For Defendant SOFTSCAPE, INC.

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

Dated: October 7, 2008

FENWICK & WEST LLP

By:

/s/ Patrick E. Premo

Attorneys For Plaintiff SUCCESSFACTORS, INC. -3CASE 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. THE TRIAL IS SET FOR JULY 13, 2009. 10/9 Dated: , 2008 The Honorable Claudia Wilken United States District Court Judge

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JOINT STIPULATION AND [PROPOSED] ORDER MODIFYING DEADLINES IN CASE MGMT. ORDER

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CASE NO.: CV 08 1376 CW (BZ)