NobelBiz, Inc. v. LiveVox Inc.

Filing 144

ORDER RE REVISED CASE MANAGEMENT SCHEDULE re (143 in 4:13-cv-01773-YGR) Case Management Statement filed by NobelBiz, Inc., (126 in 4:13-cv-01846-YGR) Case Management Statement filed by NobelBiz, Inc. (fs, COURT STAFF) (Filed on 10/8/2015)

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Thomas E. Wallerstein (SBN 232086)
[e-mail]
Kimberly Culp (SBN 238839)
[e-mail]
William A. Hector (SBN 298490)
[e-mail]
505 Montgomery Street, Suite 1400
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

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10/8/15

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VENABLE LLP
Ralph A. Dengler (Admitted Pro Hac Vice)
[e-mail]
Andrew P. MacArthur (Admitted Pro Hac Vice)
[e-mail]
Rockefeller Center
1270 Avenue of the Americas
Twenty-Fourth Floor
New York, NY 10020
Telephone: [phone]
Facsimile: [phone]

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Attorneys for plaintiff NOBELBIZ, INC.

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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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NOBELBIZ, INC.
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Plaintiff,
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v.

RELATED CASE:
13-cv-01846-YGR

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LIVEVOX, INC.
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Defendant.
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NOBELBIZ, INC.
Plaintiff,

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[PROPOSED] REVISED CASE
MANAGEMENT SCHEDULE
First Action Filed: April 3, 2012
Action Transferred: April 18, 2013
Trial Date:
June 20, 2016

v.

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CASE NO. 13-cv-01773-YGR

FIVE9, INC.
Defendant.

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[PROPOSED] REVISED CASE MANAGEMENT SCHEDULE

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I.

PROPOSED AMENDED SCHEDULE
NobelBiz, Inc., LiveVox, Inc. and Five9, Inc. (collectively, the “Parties”) agree to and

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respectfully propose revising the case management schedule (Dkt. 141) to the below-listed

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deadlines.

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Good cause exists for the revisions to the case management schedule. As noted in

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NobelBiz’s third supplemental statement regarding co-pending litigations (Dkt. 142), NobelBiz

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completed jury trial on September 16, 2015, in the NobelBiz, Inc. v. Global Connect, L.L.C.,

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6:12-cv-00244-RWS (E.D. Tex.) and NobelBiz, Inc. v. TCN, Inc., 6:12-cv-00247-RWS

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(E.D. Tex.) cases (collectively, the “Global Connect and TCN cases”) before the

prevailing on its direct and indirect infringement, and willful infringement claims, and

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415-653-3750

Honorable Robert W. Schroeder III in the Eastern District of Texas, with NobelBiz

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SAN FRANCISCO, CA 94111

VENABLE LLP

505 MONTGOMERY STREET, SUIT E 1 400

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being awarded damages.

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In order to provide ample time for the Parties and their business principals to
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prepare for and meaningfully participate in mediation currently scheduled for October 20,
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2015, the Parties propose a two-week extension to the deadline to advise the Court of
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mediation. The Parties also propose modest extensions to several other near term
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deadlines. The Parties do not at this time propose any changes to the trial date set by the
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Court, or any dates dependent on the trial date.
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Event
Production of all technical documents
(Patent L.R. 3-4)
Deadline to complete expert
demonstration of defendants’ accused
systems
Deadline to advise the Court of
mediation
Deadline to amend infringement
contentions
Deadline to seek leave of Court to amend
pleadings
Deadline to amend invalidity contentions

Current Deadline

[Proposed] Deadline

September 10, 2015

October 30, 2015

October 16, 2015

October 30, 2015

October 16, 2015

October 30, 2015

December 4, 2015

December 23, 2015

December 4, 2015

December 23, 2015

January 8, 2015

January 19, 2015

-1[PROPOSED] REVISED CASE MANAGEMENT SCHEDULE

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Event

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Initial expert disclosures and reports due

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Rebuttal expert disclosures and reports
due
Deadline to complete fact and expert
discovery
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)

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415-653-3750

SAN FRANCISCO, CA 94111

VENABLE LLP

505 MONTGOMERY STREET, SUIT E 1 400

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Current Deadline

[Proposed] Deadline

January 29, 2016

January 29, 2016

February 26, 2016

February 26, 2016

March 2, 2016

March 4, 2016

March 4, 2016

March 4, 2016

March 18, 2016

March 18, 2016

April 1, 2016

April 1, 2016

May 3, 2016

May 3, 2016

May 6, 2016

May 6, 2016

May 6, 2016

May 6, 2016

May 13, 2016

May 13, 2016

May 20, 2016

May 20, 2016

May 20, 2016

May 20, 2016

May 20, 2016

May 20, 2016

May 25, 2016

May 25, 2016

May 27, 2016

May 27, 2016

June 3, 2016

June 3, 2016

June 17, 2016

June 17, 2016

-2[PROPOSED] REVISED CASE MANAGEMENT SCHEDULE

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Event

Current Deadline

[Proposed] Deadline

June 20, 2016

June 20, 2016

Commencement of jury trial (Court’s
Pretrial Instructions in Civil Cases ¶ 1)

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Should the Court have any questions, the Parties are available to discuss at the Court’s
convenience.

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Respectfully submitted,
Dated: October 5, 2015

VENABLE LLP

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/s/ Ralph A. Dengler
Ralph A. Dengler
Andrew P. MacArthur
William A. Hector
Counsel for plaintiff NobelBiz, Inc.

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415-653-3750

SAN FRANCISCO, CA 94111

VENABLE LLP

505 MONTGOMERY STREET, SUIT E 1 400

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LOCKE LORD LLP

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/s/ Robert M. Harkins
Robert M. Harkins
Counsel for defendants LiveVox, Inc. and Five9,
Inc.

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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.

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Date: October 5, 2015

VENABLE LLP
By:

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/s/ William A. Hector
William A. Hector

Attorneys for plaintiff NobelBiz, Inc.

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-3[PROPOSED] REVISED CASE MANAGEMENT SCHEDULE