NobelBiz, Inc. v. LiveVox Inc.

Filing 135

ORDER RE REVISED CASE MANAGEMENT SCHEDULE and Supplemental Statement regarding co-pending litigations re 130 Joint Case Management Statement filed by LiveVox Inc., NobelBiz, Inc.. Signed by Judge Yvonne Gonzalez Rogers on 4/27/15. (fs, COURT STAFF) (Filed on 4/27/2015)

Download PDF
11 14 Plaintiff, 20 v. D IS T IC T R OF C Defendant. 23 NOBELBIZ, INC. Plaintiff, 25 v. 26 CASE NO. 13-cv-01773-YGR RELATED CASE: 13-cv-01846-YGR LIVEVOX, INC. 22 28 N NOBELBIZ, INC. 19 27 4/27/15 OAKLAND DIVISION 17 24 ER z R o ge r s NORTHERN DISTRICT OF CALIFORNIA 16 21 nzale onne Go Judge Yv UNITED STATES DISTRICT COURT 15 18 DERED O OR IT IS S RT U O 10 S DISTRICT TE C TA H Attorneys for plaintiff NOBELBIZ, INC. 9 RT 13 8 NO 12 Thomas E. Wallerstein (SBN 232086) TWallerstein@Venable.com Kimberly Culp (SBN 238839) KCulp@Venable.com William A. Hector (SBN 298490) WAHector@Venable.com Spear Tower, 40th Floor One Market Plaza 1 Market Street San Francisco, California 94105 Telephone: (415) 653-3750 Facsimile: (415) 653-3755 7 R NIA 6 FO 5 LI 4 A 3 S 2 VENABLE LLP Ralph A. Dengler (Admitted Pro Hac Vice) RADengler@Venable.com Andrew P. MacArthur (Admitted Pro Hac Vice) APMacArthur@Venable.com Rockefeller Center 1270 Avenue of the Americas Twenty-Fourth Floor New York, NY 10020 Telephone: (212) 503-0655 Facsimile: (212) 307-5598 UNIT ED 1 SUPPLEMENTAL STATEMENT REGARDING CO-PENDING LITIGATIONS AND [PROPOSED] REVISED CASE MANAGEMENT SCHEDULE First Action Filed: April 3, 2012 Action Transferred: April 18, 2013 Trial Date: None set FIVE9, INC. Defendant. SUPPLEMENTAL STATEMENT AND [PROPOSED] REVISED CASE MANAGEMENT SCHEDULE 1 I. 2 SUPPLEMENTAL STATEMENT REGARDING CO-PENDING LITIGATIONS Pursuant to the Court’s instructions during the case management conference on April 6, 3 2015, NobelBiz provides the following supplemental update regarding the NobelBiz, Inc. v. 4 Global Connect, L.L.C., 6:12-cv-00244-RWS (E.D. Tex.) and NobelBiz, Inc. v. TCN, Inc., 6:12- 5 cv-00247-RWS (E.D. Tex.) cases (collectively, the “Global Connect and TCN cases”) currently 6 pending before the Honorable Robert W. Schroeder III in the Eastern District of Texas. Shortly 7 after filing the Joint Statement of Compliance and Statement by Plaintiff Regarding Co-Pending 8 Litigations (Dkt. 131) with this Court on Friday, April 18, 2015, the court in the Global Connect 9 and TCN cases issued an Order setting a Pretrial Conference for May 11, 2015. During the 10 Pretrial Conference, the court will hear argument on all motions currently pending before the 11 court, which include fully-briefed summary judgment motions, Daubert motions, motions to 12 strike, and motions in limine. The Order also requires NobelBiz and the defendants in the Global 13 Connect and TCN cases to meet and confer in advance of the conference to determine the 14 parties’ availability for a summer or fall trial date. 15 Anticipating a summer or fall trial date for the Global Connect and TCN cases in the 16 Eastern District of Texas, NobelBiz, Inc., LiveVox, Inc., and Five9, Inc. (collectively, the 17 “Parties”) respectfully and jointly propose the below revised case management schedule for the 18 above-captioned cases pending before this Court. Most notably, the proposed revised case 19 management schedule extends the deadline for the close of fact discovery to January 15, 2016, 20 the same day as the close of expert discovery. The Parties do not propose any changes to the 21 trial date set by the Court or any dates dependent on the trial date. 22 23 24 25 26 27 28 II. PROPOSED AMENDED SCHEDULE The Parties agree to and respectfully propose the following deadlines in this matter. Event Deadline Compliance date for parties to schedule mediation and update Court regarding E.D. Tex. litigations Production of Source Code and all technical documents (Patent L.R. 3-4) Deadline to complete expert demonstration of defendants’ accused systems April 24, 2015 August 10, 2015 September 11, 2015 -1SUPPLEMENTAL STATEMENT AND [PROPOSED] REVISED CASE MANAGEMENT SCHEDULE 1 Event Deadline 2 Deadline to advise the Court of mediation 3 Deadline to amend infringement contentions 4 Deadline to seek leave of Court to amend pleadings 5 6 Deadline to amend invalidity contentions 7 Initial expert disclosures and reports due 8 Rebuttal expert disclosures and reports due 9 Deadline to complete fact and expert discovery 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Deadline to file Dispositive motions, Daubert motions, and motions to strike Deadline to oppose Dispositive motions, Daubert motions, and motions to strike Deadline to reply in support of Dispositive motions, Daubert motions, and motions to strike Hearing on Dispositive motions, Daubert motions, and motions to strike Deadline to exchange proposed motions in limine (Court’s Pretrial Instructions in Civil Cases ¶ 4.a) Deadline to exchange exhibits and exhibit lists (Court’s Pretrial Instructions in Civil Cases ¶ 6.a) Deadline to meet and confer regarding Joint Pretrial Conference Statement (Court’s Pretrial Instructions in Civil Cases ¶ 2) Joint Pretrial Conference Statement due (Court’s Pretrial Instructions in Civil Cases ¶ 2) Motions in limine due (Court’s Pretrial Instructions in Civil Cases ¶ 4.b) Compliance date for parties to report on readiness for trial Oppositions to motions in limine due (Court’s Pretrial Instructions in Civil Cases ¶ 4.b) Deadline for pretrial filings and submission of Joint Trial Readiness Binder and Motions in Limine Binder (Court’s Pretrial Instructions in Civil Cases ¶¶ 3 and 4.c) Final pretrial conference (Court’s Pretrial Instructions in Civil Cases ¶ 1) Deadline to submit three sets of trial exhibits (Court’s Pretrial Instructions in Civil Cases ¶ 6.c) September 15, 2015 October 9, 2015 November 9, 2015 November 13, 2015 December 22, 2015 January 8, 2016 January 15, 2016 February 16, 2016 March 8, 2016 March 15, 2016 April 12, 2016 May 6, 2016 May 6, 2016 May 13, 2016 May 20, 2016 May 20, 2016 May 20, 2016 May 25, 2016 May 27, 2016 June 3, 2016 June 17, 2016 -2SUPPLEMENTAL STATEMENT AND [PROPOSED] REVISED CASE MANAGEMENT SCHEDULE 1 2 Event Deadline Commencement of jury trial (Court’s Pretrial Instructions in Civil Cases ¶ 1) June 20, 2016 3 4 Should the Court have any questions, the Parties are available to discuss at the Court’s 5 convenience. 6 Respectfully submitted, 7 Dated: April 21, 2015 VENABLE LLP 8 /s/ Ralph A. Dengler Ralph A. Dengler Andrew P. MacArthur William A. Hector Counsel for plaintiff NobelBiz, Inc. 9 10 11 12 LOCKE LORD LLP 13 14 /s/ Robert M. Harkins Robert M. Harkins Counsel for defendants LiveVox, Inc. and Five9, Inc. 15 16 17 18 19 20 21 Attestation Regarding Signatures I, William A. Hector, attest that all signatories listed, and on whose behalf the filing is submitted, concur in the filing’s content and have authorized the filing. 22 23 24 Date: April 21, 2015 VENABLE LLP By: 25 /s/ William A. Hector William A. Hector 26 Attorneys for plaintiff NobelBiz, Inc. 27 28 -3SUPPLEMENTAL STATEMENT AND [PROPOSED] REVISED CASE MANAGEMENT SCHEDULE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?