NobelBiz, Inc. v. Five 9, Inc.

Filing 118

ORDER re REVISED CASE MANAGEMENT SCHEDULE and Supplemental Statement regarding co-pending Litigations re 113 Joint Case Management Statement filed by Five 9, Inc., NobelBiz, Inc.. Signed by Judge Yvonne Gonzalez Rogers on 4/27/15. (fs, COURT STAFF) (Filed on 4/27/2015)

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Attorneys for plaintiff NOBELBIZ, INC.

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Judge Yv

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4/27/15

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NO

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Thomas E. Wallerstein (SBN 232086)
[e-mail]
Kimberly Culp (SBN 238839)
[e-mail]
William A. Hector (SBN 298490)
[e-mail]
Spear Tower, 40th Floor
One Market Plaza
1 Market Street
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

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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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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

LIVEVOX, INC.

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Defendant.

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NOBELBIZ, INC.
Plaintiff,

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v.

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CASE NO. 13-cv-01773-YGR

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

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I.

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SUPPLEMENTAL STATEMENT REGARDING CO-PENDING LITIGATIONS
Pursuant to the Court’s instructions during the case management conference on April 6,

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2015, NobelBiz provides the following supplemental update regarding the NobelBiz, Inc. v.

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Global Connect, L.L.C., 6:12-cv-00244-RWS (E.D. Tex.) and NobelBiz, Inc. v. TCN, Inc., 6:12-

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cv-00247-RWS (E.D. Tex.) cases (collectively, the “Global Connect and TCN cases”) currently

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pending before the Honorable Robert W. Schroeder III in the Eastern District of Texas. Shortly

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after filing the Joint Statement of Compliance and Statement by Plaintiff Regarding Co-Pending

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Litigations (Dkt. 131) with this Court on Friday, April 18, 2015, the court in the Global Connect

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and TCN cases issued an Order setting a Pretrial Conference for May 11, 2015. During the

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Pretrial Conference, the court will hear argument on all motions currently pending before the

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court, which include fully-briefed summary judgment motions, Daubert motions, motions to

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strike, and motions in limine. The Order also requires NobelBiz and the defendants in the Global

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Connect and TCN cases to meet and confer in advance of the conference to determine the

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parties’ availability for a summer or fall trial date.

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Anticipating a summer or fall trial date for the Global Connect and TCN cases in the

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Eastern District of Texas, NobelBiz, Inc., LiveVox, Inc., and Five9, Inc. (collectively, the

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“Parties”) respectfully and jointly propose the below revised case management schedule for the

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above-captioned cases pending before this Court. Most notably, the proposed revised case

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management schedule extends the deadline for the close of fact discovery to January 15, 2016,

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the same day as the close of expert discovery. The Parties do not propose any changes to the

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trial date set by the Court or any dates dependent on the trial date.

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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

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Event

Deadline

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Deadline to advise the Court of mediation

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Deadline to amend infringement contentions

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Deadline to seek leave of Court to amend pleadings

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Deadline to amend invalidity contentions

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Initial expert disclosures and reports due

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Rebuttal expert disclosures and reports due

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Deadline to complete fact and expert discovery

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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

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Event

Deadline

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

June 20, 2016

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

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convenience.

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Respectfully submitted,

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Dated: April 21, 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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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: April 21, 2015

VENABLE LLP
By:

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/s/ William A. Hector
William A. Hector

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Attorneys for plaintiff NobelBiz, Inc.

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-3SUPPLEMENTAL STATEMENT AND [PROPOSED] REVISED CASE MANAGEMENT SCHEDULE