SuccessFactors, Inc. v. Softscape, Inc.

Filing 261

ORDER re 259 granting JOINT STIPULATION to Further Modify the Deadline to Respond to Amended Pleadings. Signed by Judge Claudia Wilken on 11/3/08. (scc, COURT STAFF) (Filed on 12/3/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 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) lpulgram@fenwick.com LIWEN A. MAH (CSB No. 239033) lmah@fenwick.com FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: (415) 875-2300 Facsimile: (415) 281-1350 PATRICK E. PREMO (CSB No. 184915) ppremo@fenwick.com HENRY Z. CARBAJAL III (CSB No. 237951) hcarbajal@fenwick.com DENNIS FAIGAL (CSB No. 252829) dfaigal@fenwick.com FENWICK & WEST LLP Silicon Valley Center 801 California Street Mountain View, CA 94041 Telephone: (650) 988-8500 Facsimile: (650) 938-5200 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) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND ORDER TO FURTHER MODIFY THE DEADLINE TO RESPOND TO AMENDED PLEADINGS [CIVIL L.R. 6-2, 7-12] Complaint Filed: March 11, 2008 Trial Date: June 1, 2009 JOINT STIP. & [PROPOSED] ORDER MODIFYING DEADLINE TO RESPOND TO AMENDED PLEADINGS CASE NO. CV 08 1376 CW (BZ) 1 2 3 4 5 6 7 8 9 10 11 12 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 the Deadline to Respond to Amended Pleadings and as good cause state: The parties have agreed to settlement terms in principal. They are currently negotiating the form of the settlement agreement. The parties request a further brief extension of thirty days to respond to the Amended Pleadings. The current deadline is November 28, 2008. The parties seek extend the deadline until December 29, 2008. The parties have made one prior request to continue the pretrial and trial schedule by approximately thirty days. (See Dkt. No. 247.) The parties have also requested the following extensions of time in connection with amending the pleadings and filing responses to the amended pleadings. On August 27, 2008, the Court granted one request to extend the time by thirty days to amend the pleadings. (Dkt. No. 213.) On October 3, 2008, the Court granted the parties' second request to extend time to file the amended pleadings by four days. (Dkt. No. 245.) On October 7, 2008, the parties requested a modification of the pretrial and trial schedule set by the Court's July 1, 2008 Case Management Order. (Dkt. No. 247.) On October 24, 2008, the parties moved to continue the deadline to respond to the amended pleadings by thirty days until November 28, 2008. (Dkt. No. 256.) See Declaration of Patrick Premo in support of Joint Stipulation ¶ 5. The parties have not sought additional extensions of time. Id. IT IS SO STIPULATED. Dated: November 26, 2008 FENWICK & WEST LLP 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: /s/ Patrick E. Premo Patrick E. Premo Attorneys For Plaintiff SUCCESSFACTORS, INC. JOINT STIP. & [PROPOSED] ORDER MODIFYING DEADLINE TO RESPOND TO AMENDED PLEADINGS -2- CASE NO. CV 08 1376 CW (BZ) 1 2 3 4 5 6 7 8 9 10 11 12 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 Dated: Noveember 26, 2008 MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO, PC By: /s/ Bryan Sinclair 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: November 26, 2008 FENWICK & WEST LLP 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIP. & [PROPOSED] ORDER MODIFYING DEADLINE TO RESPOND TO AMENDED PLEADINGS By: /s/ Patrick E. Premo Patrick E. Premo Attorneys For Plaintiff SUCCESSFACTORS, INC. ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: 12/3/ 2008 The Honorable Claudia Wilken United States District Court Judge -3- CASE NO. CV 08 1376 CW (BZ)

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