Oracle America, Inc. v. Service Key, LLC et al

Filing 150

ORDER by Judge ARMSTRONG granting 147 Stipulation (lrc, COURT STAFF) (Filed on 1/29/2013)

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BINGHAM MCCUTCHEN LLP
Geoffrey M. Howard (SBN 157468)
[e-mail]
Thomas S. Hixson (SBN 193033)
[e-mail]
Kyle Zipes (SBN 251814)
[e-mail]
Three Embarcadero Center
San Francisco, California 94111-4067
Telephone: [phone]
Facsimile: 415.393.2286

RIMON P.C.
Scott R. Raber (SBN 194924)
[e-mail]
One Embarcadero Center, Suite 400
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 800.930.7271
Attorneys for Defendant
DLT Federal Business System
Corporation

ORACLE CORPORATION
Dorian Daley (SBN 129049)
[e-mail]
Deborah K. Miller (SBN 95527)
[e-mail]
500 Oracle Parkway
M/S 5op7
Redwood City, CA 94065
Telephone: [phone]
Facsimile: 650.506.7114

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ORACLE CORPORATION
Jeffrey S. Ross (SBN 138172)
[e-mail]
10 Van de Graaff Drive
Burlington, MA 01803
Telephone: [phone]
Facsimile: 781.238.6273

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Attorneys for Plaintiff
ORACLE AMERICA, INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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ORACLE AMERICA, INC., a Delaware
corporation,

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Plaintiff,
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v.
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No. 4:12-cv-00790-SBA
STIPULATION AND ORDER TO
EXTEND DEADLINE FOR DLTFEDERAL BUSINESS SYSTEMS
CORPORATION TO ANSWER THE
SECOND AMENDED COMPLAINT

SERVICE KEY, LLC, a Georgia limited
liability company; ANGELA VINES; DLT
FEDERAL BUSINESS SYSTEMS
CORPORATION, a Delaware corporation; and
DOES 1-50,

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Defendant.
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Case No. 4:12-cv-00790-SBA
STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR DLT-FEDERAL BUSINESS
SYSTEMS CORPORATION TO ANSWER THE SECOND AMENDED COMPLAINT

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Pursuant to Local Rule 7-12 Plaintiff Oracle America, Inc. (“Oracle") and Defendant

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DLT-Federal Business Systems Corporation (“DLT-FBS,” and together with Oracle, the

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“Parties”) jointly submit this Stipulation.

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WHEREAS, Oracle filed the Second Amended Complaint on December 17, 2012
(Docket Item 90);
WHEREAS DLT-FBS filed a Motion for Extension of Time to Answer the Second
Amended Complaint on January 7, 2013 (Docket Item 105);

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WHEREAS DLT-FBS withdrew that Motion on January 11, 2013 (Docket Item 116);

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WHEREAS DLT-FBS filed a Corrected Motion for Extension of Time to Answer the

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Second Amended Complaint on January 11, 2013 (Docket Item 119);

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WHEREAS, Oracle contends the deadline for Defendants to respond to Oracle’s Second

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Amended Complaint was January 3rd 2013, and has already passed, Oracle has agreed to extend

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the time for DLT-FBS to answer the Second Amended Complaint to February 8, 2013;

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WHEREAS, Oracle does not agree to extend the deadline for DLT-FBS to file a Motion
to Dismiss the Second Amended Complaint;
WHEREAS, DLT-FBS, in agreeing to file an answer rather than a motion to dismiss, has
expressly reserved its right to file a motion for judgment on the pleadings after answering;
WHEREAS, the parties to this Stipulation agree that the extension of this deadline will
not alter the date of any event or any deadline already fixed by Court order in this matter.

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NOW, THEREFORE, IT IS HEREBY STIPULATED BY THE PARTIES, THROUGH
THEIR RESPECTIVE COUNSEL OF RECORD, AS FOLLOWS:
1. DLT-FBS shall have until February 8, 2013 to answer the Second Amended

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Complaint.

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IT IS SO STIPULATED.

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Case No. 4:12-cv-00790-SBA
STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR DLT-FEDERAL BUSINESS
SYSTEMS CORPORATION TO ANSWER THE SECOND AMENDED COMPLAINT

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DATED: January 29, 2013

Bingham McCutchen LLP

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By:
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/s Geoffrey M. Howard
Geoffrey M. Howard
[e-mail]
Attorneys for Plaintiff
ORACLE AMERICA, INC.

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RIMON P.C.

Dated: January 29, 2013
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By:

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/s Scott Raber
Scott Raber
[e-mail]
Attorneys for Defendant
DLT Federal Business Systems
Corporation

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: __1/29/13

By: ________________________________
Saundra Brown Armstrong
United States District Court Judge

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Case No. 4:12-cv-00790-SBA
STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR DLT-FEDERAL BUSINESS
SYSTEMS CORPORATION TO ANSWER THE SECOND AMENDED COMPLAINT

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ATTESTATION

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I, Geoffrey M. Howard, am counsel for Oracle America, Inc. I am the registered

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ECF user whose username and password are being used to file this Stipulation. In compliance

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with Civil Local Rule 5(i)(3), I hereby attest that the above-identified counsel concurred in this

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filing.

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Dated: January 29, 2013

Bingham McCutchen LLP
By: /s Geoffrey M. Howard
Geoffrey M. Howard
Attorneys for Plaintiff Oracle America, Inc.

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Case No. 4:12-cv-00790-SBA
STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR DLT-FEDERAL BUSINESS
SYSTEMS CORPORATION TO ANSWER THE SECOND AMENDED COMPLAINT