SAP America, Inc. v. Purple Leaf, LLC et al
Filing
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STIPULATION AND ORDER RE EXTENSION OF CERTAIN FILING DATES TO PERMIT FINALIZATION OF SETTLEMENT re 78 Stipulation, filed by Rani Yadav-Ranjan, Purple Leaf, LLC, Purple Leaf, LLC, a Delaware corporation. Signed by Judge Phyllis J. Hamilton on 8/1/12. (nah, COURT STAFF) (Filed on 8/1/2012)
1 ARCHIE S. ROBINSON [SBN. 34789]
asr@robinsonwood.com
2 JESSE F. RUIZ [SBN. 77984]
jfr@robinsonwood.com
3 GABRIEL G. GREGG [SBN 187333]
ggg@robinsonwood.com
4 ROBINSON & WOOD, INC.
227 N 1st Street
5 San Jose, California 95113
Telephone: (408) 298-7120
6 Facsimile: (408) 298-0477
7 Attorneys for Defendant and Counterclaimant
PURPLE LEAF, LLC, and Defendants PURPLE
8 LEAF LLC and RANI YADAV-RANJAN
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION
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ATTORNEYS AT LAW
ROBINSON & WOOD, INC.
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13 SAP AMERICA, INC.,
Plaintiff,
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15 vs.
16 PURPLE LEAF, LLC, a Delaware
corporation, PURPLE LEAF, LLC, a Texas
17 corporation, and RANI YADAV-RANJAN, an
individual,
18
Defendants.
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Case No. 4:11-CV-04601-PJH
STIPULATION RE EXTENSION OF
CERTAIN FILING DATES TO PERMIT
FINALIZATION OF SETTLEMENT
Dept.:
Judge:
Courtroom 3 – 3rd Floor
Hon. Phyllis J. Hamilton
20 PURPLE LEAF, LLC, a Delaware
corporation,
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Counterclaimant,
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vs.
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SAP AMERICA, INC.,
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Counterdefendant.
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769412
4:11-CV-04601-PJH
STIPULATION RE EXTENSION OF CERTAIN FILING DATES TO PERMIT FINALIZATION OF
SETTLEMENT
Pursuant to Civil Local Rule 6-2, the parties respectfully submit this Stipulation re
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2 Extension of Certain Filing Dates To Permit Finalization of Settlement ("Stipulation"). As set
3 forth in the accompanying Declaration of Archie S. Robinson, the parties reached terms of
4 settlement of this action during mediation before Hon. Edward A. Infante on Tuesday, July 10,
5 2012. The parties are currently engaged in finalizing the formal settlement agreement and related
6 documents. On this basis, the parties wish to request and confirm certain extensions of time on
7 certain upcoming filing dates in order to permit them to complete the finalization of the settlement,
8 including the agreed dismissal of this action.
The mutually-agreeable new-filing dates for the following court filings will provide the
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10 parties with the time to focus on finalization of their settlement without the complication and
12 parties' settlement is not able to be finalized for some reason, the proposed time extensions will
ATTORNEYS AT LAW
ROBINSON & WOOD, INC.
11 imposition of other immediate substantive filing obligations in this action. In the event that the
13 not substantively impact the Court or the parties for the reasons set forth below.
This Stipulation follows the parties' Stipulation Re Continuation of Certain Dates which
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15 was approved and ordered by this Court on July 10, 2012 (Doc. 76).
1.
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Purple Leaf's Answer or Other Response. On June 20, 2012, SAP America, Inc.
17 ("SAP") filed its First Amended Answer and Counterclaim (Doc. 74). In substantive part, SAP's
18 First Amended Answer sets forth new detailed allegations supporting SAP's "unclean hands"
19 affirmative defense (Defense 10). Purple Leaf LLC ("Purple Leaf") has informed SAP of its likely
20 intent to bring a FRCP Rule 12 motion to strike against this defense if necessary. For the reasons
21 set forth above, the parties have agreed to continue the due date for Purple Leaf's answer or other
22 response to SAP's First Amended Answer and Counterclaim from July 27, 2012 to August 15,
23 2012.
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2.
Joint Claim Construction & Prehearing Statement and Related Claim
25 Construction Briefing Dates. The current due date for the parties' Patent L.R. 4-3 "Joint Claim
26 Construction & Prehearing Statement" is August 1, 2012; the parties propose that this date be
27 continued two weeks until August 15, 2012.
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769412
4:11-CV-04601-PJH
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STIPULATION RE EXTENSION OF CERTAIN FILING DATES TO PERMIT FINALIZATION OF
SETTLEMENT
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The parties further propose that the following dates relating to claim construction briefing
2 each be extended by two weeks:
3 Filing Event
Current Filing Date
Proposed New Filing Date
4 Patent L.R. 4-5(a): Claim
Construction Opening Briefs
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August 24, 2012
September 7, 2012
6 Patent L.R. 4-5(b): Claim
Construction Responsive Briefs
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Patent L.R. 4-5(c): Claim
8 Construction Reply Briefs
September 7, 2012
September 21, 2012
September 14, 2012
September 28, 2012
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ATTORNEYS AT LAW
ROBINSON & WOOD, INC.
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The parties do not propose to extend the Courts' scheduled date for the claim construction
hearing – October 17, 2012.
As brief background, the current due date for the "Joint Claim Construction and Prehearing
Statement" is August 1, 2012, which was stipulated and ordered in this Court's order dated July
10, 2012 (Doc. 76). The previously proposed date for this "Joint Statement" filing, July 11, 2012,
was originally proposed by the parties in their Joint Case Management Conference Statement
(Doc. 46) and adopted by the Court in its Civil Minutes following the CMC (Doc. 51). The date
was proposed based on a then-proposed date for the Court's Claim Construction Hearing of
September 26, 2012. However, in the Court's order (Doc. 51), the Court continued the claim
construction hearing date three weeks – to October 17, 2012. This means that none of the
extensions requested in this Stipulation (the "Joint Statement" and the claim construction
briefings) truncate the typical briefing schedule for claim construction briefing, and specifically do
not impact this Court's regular timing for review prior to the claim construction hearing. (Pursuant
to this proposed schedule, this Court will still receive the parties' final "reply" papers almost three
weeks prior to the claim construction hearing.)
In sum, the parties do not believe that the proposed extensions will impact the Court or the
parties, and will provide the substantial benefits set forth above.
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769412
4:11-CV-04601-PJH
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STIPULATION RE EXTENSION OF CERTAIN FILING DATES TO PERMIT FINALIZATION OF
SETTLEMENT
1 Dated: July 31, 2012
2 Respectfully submitted,
3 SIMPSON THACHER & BARTLETT LLP
ROBINSON & WOOD, INC.
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/s/ Harrison J. Frahn IV
/s/ Archie S. Robinson
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Harrison J. Frahn IV
6 Gautam V. Kene
2550 Hanover Street
7 Palo Alto, CA 94304
Telephone: (214) 827-2774
8 Facsimile: (214) 827-2787
Archie S. Robinson
Jesse F. Ruiz
Gabriel G. Gregg
227 N. 1st Street
San Jose, CA 95113
Telephone: (408) 298-7120
Facsimile: (408) 298-0477
9
Attorneys for Plaintiff/Counterdefendant
10 SAP AMERICA, INC.
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*****
PURSUANT TO STIPULATION IT IS SO ORDERED:
H
ER
R NIA
lis J. Ham
hyl
Judge P
ilton
FO
RT
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D
PHYLLISIT ISHAMILTON
J. SO ORDERE
UNITED STATES DISTRICT JUDGE
NO
18
S DISTRICT
TE
C
TA
LI
17
August 1
Dated: July __, 2012
A
16
S
15
UNIT
ED
ATTORNEYS AT LAW
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RT
U
O
ROBINSON & WOOD, INC.
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Attorneys for Defendant/Counterclaimant
PURPLE LEAF, LLC and Defendants
PURPLE LEAF, LLC and RANI YADAVRANJAN
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F
D IS T IC T O
R
C
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769412
4:11-CV-04601-PJH
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STIPULATION RE EXTENSION OF CERTAIN FILING DATES TO PERMIT FINALIZATION OF
SETTLEMENT
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ATTESTATION CLAUSE
I, Gabriel G. Gregg, hereby attest in accordance with General Order 45.X that Harrison J.
3 Frahn IV, counsel for SAP America, Inc., provided his concurrence with the electronic filing of
4 the foregoing document entitled STIPULATION RE EXTENSION OF CERTAIN FILING
5 DATES
6 Dated: July 31, 2012
ROBINSON & WOOD, INC.
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ATTORNEYS AT LAW
ROBINSON & WOOD, INC.
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By: /s/ Gabriel G. Gregg
ARCHIE S. ROBINSON
JESSE F. RUIZ
GABRIEL G. GREGG
Attorneys for Defendant and
Counterclaimant PURPLE LEAF, LLC, and
Defendants PURPLE LEAF LLC and RANI
YADAV-RANJAN
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STIPULATION RE EXTENSION OF CERTAIN FILING DATES TO PERMIT FINALIZATION OF
SETTLEMENT
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