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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1 2 3 4 5 6 7 8 9 10 11 GEOFFREY M. EZGAR (SBN 184243) gezgar@kslaw.com KING & SPALDING LLP 101 Second Street Suite 2300 San Francisco, CA 94105 Telephone: (415) 318-1200 Facsimile: (415) 318-1300 KEVIN R. SULLIVAN (Admitted Pro Hac Vice) krsullivan@kslaw.com TIMOTHY J. SULLIVAN (Admitted Pro Hac Vice) tjsullivan@kslaw.com KING & SPALDING LLP 1700 Pennsylvania Ave, NW Suite 200 Washington, D.C. 20006-4707 Telephone: (202) 737-0500 Facsimile: (202) 626-3737 12 16 BRIAN A. WHITE (Admitted Pro Hac Vice) bwhite@kslaw.com KING & SPALDING LLP 1180 Peachtree Street Atlanta, GA 30309 Telephone: (404) 572-4600 Facsimile: (404) 572-5100 17 Attorneys for Defendant Myriad Group A.G. 13 14 15 18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA 20 OAKLAND DIVISION 21 22 ORACLE AMERICA, INC. Case No. 10-CV-5604-SBA Plaintiff, Hon. Judge Saundra Brown Armstrong 24 v. 25 MYRIAD GROUP A.G. 26 Defendant. STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR SUPPLEMENTAL BRIEFING IN RESPONSE TO COURT’S JANUARY 17, 2012 ORDER 23 27 28 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR SUPPLEMENTAL BRIEFING, Case No. 10-CV-5604-SBA 1 WHEREAS, on January 17, 2012, this Court issued an Order Granting Plaintiff Oracle 2 America, Inc.’s Motion for Preliminary Injunction, by which it ordered Oracle and Defendant 3 Myriad Group AG to meet and confer regarding a stay of this action and the arbitration of 4 Oracle’s breach of contract claim; 5 WHEREAS, if the parties did not reach agreement, the Court ordered supplemental 6 briefing on Myriad’s Motion for Stay Pending Appeal and Oracle’s request to stay the arbitration 7 of the contract claim by Friday, January 27, 2012; 8 WHEREAS, the parties have met and conferred, but have not reached an agreement; 9 WHEREAS, the parties agree to an extension of the Court’s deadline; 10 WHEREAS, in accordance with L.R. 6.2(a)(1), the parties seek an extension in order to 11 further discuss a stay of the instant action and the arbitration, and potentially avoid unnecessary 12 briefing; 13 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; 24 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; 27 28 1 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR SUPPLEMENTAL BRIEFING, Case No. 10-CV-5604-SBA 1 THE PARTIES HEREBY STIPULATE that the deadline for supplemental briefing on 2 Myriad’s Motion to Stay Pending Appeal and Oracle’s request to stay arbitration of the breach of 3 contract claim be extended to Friday, February 3, 2012. 4 5 6 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 7 8 9 10 11 12 13 14 PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: January 27, 2012 15 ____________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR SUPPLEMENTAL BRIEFING, Case No. 10-CV-5604-SBA 1 2 3 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. 4 5 DATED: January 27, 2012 KING & SPALDING LLP 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 By: Geoffrey M. Ezgar __________________ GEOFFREY M. EZGAR (SBN 184243) gezgar@kslaw.com KING & SPALDING LLP 101 Second Street Suite 2300 San Francisco, CA 94105 Telephone: (415) 318-1200 Facsimile: (415) 318-1300 KEVIN R. SULLIVAN (Admitted Pro Hac Vice) krsullivan@kslaw.com TIMOTHY J. SULLIVAN (Admitted Pro Hac Vice) tjsullivan@kslaw.com KING & SPALDING LLP 1700 Pennsylvania Ave, NW Suite 200 Washington, D.C. 20006-4707 Telephone: (202) 737-0500 Facsimile: (202) 626-3737 BRIAN A. WHITE (Admitted Pro Hac Vice) bwhite@kslaw.com KING & SPALDING LLP 1180 Peachtree Street Atlanta, GA 30309 Telephone: (404) 572-4600 Facsimile: (404) 572-5100 Attorneys for Defendant Myriad Group, A.G. 27 28 3 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR SUPPLEMENTAL BRIEFING, Case No. 10-CV-5604-SBA

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