Oracle America, Inc. v. Myriad Group AG

Filing 71

STIPULATION AND ORDER re 70 STIPULATION WITH PROPOSED ORDER To Extend Time for Supplemental Briefing in Response to Court's January 17, 2012 Order filed by Myriad Group AG. Signed by Judge ARMSTRONG on 1/27/12. (lrc, COURT STAFF) (Filed on 1/30/2012)

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GEOFFREY M. EZGAR (SBN 184243)
[e-mail]
KING & SPALDING LLP
101 Second Street
Suite 2300
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
KEVIN R. SULLIVAN (Admitted Pro Hac Vice)
[e-mail]
TIMOTHY J. SULLIVAN (Admitted Pro Hac Vice)
[e-mail]
KING & SPALDING LLP
1700 Pennsylvania Ave, NW
Suite 200
Washington, D.C. 20006-4707
Telephone: [phone]
Facsimile: [phone]

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BRIAN A. WHITE (Admitted Pro Hac Vice)
[e-mail]
KING & SPALDING LLP
1180 Peachtree Street
Atlanta, GA 30309
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant Myriad Group A.G.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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ORACLE AMERICA, INC.

Case No. 10-CV-5604-SBA

Plaintiff,

Hon. Judge Saundra Brown Armstrong

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v.

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MYRIAD GROUP A.G.

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Defendant.

STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME FOR
SUPPLEMENTAL BRIEFING IN
RESPONSE TO COURT’S
JANUARY 17, 2012 ORDER

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR SUPPLEMENTAL BRIEFING, Case No. 10-CV-5604-SBA

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WHEREAS, on January 17, 2012, this Court issued an Order Granting Plaintiff Oracle

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America, Inc.’s Motion for Preliminary Injunction, by which it ordered Oracle and Defendant

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Myriad Group AG to meet and confer regarding a stay of this action and the arbitration of

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Oracle’s breach of contract claim;

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WHEREAS, if the parties did not reach agreement, the Court ordered supplemental

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briefing on Myriad’s Motion for Stay Pending Appeal and Oracle’s request to stay the arbitration

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of the contract claim by Friday, January 27, 2012;

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WHEREAS, the parties have met and conferred, but have not reached an agreement;

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WHEREAS, the parties agree to an extension of the Court’s deadline;

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WHEREAS, in accordance with L.R. 6.2(a)(1), the parties seek an extension in order to

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further discuss a stay of the instant action and the arbitration, and potentially avoid unnecessary

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WHEREAS, in accordance with L.R. 6.2(a)(2), the parties declare that time has been

14 modified in this action as follows: by Court Order dated December 29, 2010, the Case
15 Management Conference (CMC) was rescheduled from February 1, 2011 to April 21, 2011; by
16 Stipulation and Court Order dated January 12, 2011, the CMC was continued to June 1, 2011; by
17 Clerk’s Notice dated May 25, 2011, the CMC was continued to July 28, 2011; by Clerk’s Notice
18 dated August 5, 2011, the CMC was continued to September 7, 2011; by Court Order dated
19 September 1, 2011, the CMC was continued to November 2, 2011; by Clerk’s Notice dated
20 October 25, 2011, the CMC was continued to January 10, 2012; by Stipulation dated November
21 17, 2011, Myriad’s deadline for an Answer to Oracle’s Complaint was extended to December 2,
22 2011; and by Court Order dated January 5, 2012, the CMC was continued to a date to be set by
23 the Court upon resolution of Myriad’s Motion to Stay Pending Appeal;
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WHEREAS, in accordance with L.R. 6.2(a)(3), because no case management conference

25 is scheduled and no scheduling order is in place, and because the parties may potentially stay the
26 instant action, this extension will not effect the schedule for this action;
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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR SUPPLEMENTAL BRIEFING, Case No. 10-CV-5604-SBA

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THE PARTIES HEREBY STIPULATE that the deadline for supplemental briefing on

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Myriad’s Motion to Stay Pending Appeal and Oracle’s request to stay arbitration of the breach of

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contract claim be extended to Friday, February 3, 2012.

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DLA PIPER LLP (US)

KING & SPALDING LLP

By/s/ Jeffrey M. Shohet
JEFFREY M. SHOHET
CHRISTOPHER J. BEAL
AMANDA C. FITZSIMMONS
Attorneys for Plaintiff
Oracle America, Inc.

By /s/ Geoffrey M. Ezgar
GEOFFREY M. EZGAR
KEVIN R. SULLIVAN
TIMOTHY J. SULLIVAN
BRIAN A. WHITE
Attorneys for Defendant
Myriad Group AG

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: January 27, 2012

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____________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR SUPPLEMENTAL BRIEFING, Case No. 10-CV-5604-SBA

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DECLARATION OF AUTHORITY TO SIGN
In accordance with General Order No. 45.X, I, Geoffrey M. Ezgar, attest that concurrence
in the filing of the document has been obtained from Jeffrey M. Shohet.

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DATED: January 27, 2012

KING & SPALDING LLP

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By: Geoffrey M. Ezgar __________________
GEOFFREY M. EZGAR (SBN 184243)
[e-mail]
KING & SPALDING LLP
101 Second Street
Suite 2300
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
KEVIN R. SULLIVAN (Admitted Pro Hac Vice)
[e-mail]
TIMOTHY J. SULLIVAN (Admitted Pro Hac Vice)
[e-mail]
KING & SPALDING LLP
1700 Pennsylvania Ave, NW
Suite 200
Washington, D.C. 20006-4707
Telephone: [phone]
Facsimile: [phone]
BRIAN A. WHITE (Admitted Pro Hac Vice)
[e-mail]
KING & SPALDING LLP
1180 Peachtree Street
Atlanta, GA 30309
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Myriad Group, A.G.

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR SUPPLEMENTAL BRIEFING, Case No. 10-CV-5604-SBA