BrightEdge Technologies, Inc. v. Searchmetrics, GmbH. et al

Filing 144

ORDER by Judge Haywood S. Gilliam, Jr. Granting 143 Stipulation Regarding a Temporary Stay and to Allow the Parties to Pursue Settlement and Mediation. (ndrS, COURT STAFF) (Filed on 7/31/2017)

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G. HOPKINS GUY (SBN 124811)
[e-mail]
JON V. SWENSON (SBN 233054)
[e-mail]
KARINA A. SMITH (SBN 286680)
[e-mail]
ELIZABETH K. BOGGS (SBN 280555)
[e-mail]
JOHN F. GAUSTAD (SBN 279893)
[e-mail]
BAKER BOTTS L.L.P.
1001 Page Mill Road, Suite 200
Palo Alto, California 94304
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for BrightEdge Technologies
MARK D. FOWLER, Bar No. 124235
[e-mail]
TIMOTHY LOHSE, Bar No. 177230
[e-mail]
CARRIE L. WILLIAMSON, Bar No.
230873
[e-mail]
DLA PIPER US LLP
2000 University Avenue
East Palo Alto, CA 94303-2248
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Searchmetrics, Inc. and
Searchmetrics GmbH

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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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BRIGHTEDGE TECHNOLOGIES, INC.,
Plaintiff,

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v.
SEARCHMETRICS GMBH. ET AL.,

Case No.4:14-cv-01009-HSG
STIPULATION REGARDING A
TEMPORARY STAY AND [PROPOSED]
ORDER TO ALLOW THE PARTIES TO
PURSUE SETTLEMENT AND
MEDIATION

Defendants.

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STIPULATION REGARDING TEMPORARY STAY AND [PROPOSED] ORDER
CASE NO. 4:14-CV-01009-HSG

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IT IS HEREBY STIPULATED AND AGREED, pursuant to the Court’s July 18, 2017

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Order (Dkt. No. 142), by and between Plaintiff BrightEdge Technologies, Inc. (“BrightEdge”) and

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Defendants Searchmetrics, GmbH and Searchmetrics, Inc. (collectively, “Searchmetrics”) through

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their undersigned counsel, as follows:
WHEREAS on May 2, 2017 the Court lifted the stay in the current case and directed the
parties to submit a proposed case schedule;
WHEREAS on May 8, 2017, Defendant Searchmetrics, Inc. filed a petition for Chapter 11
bankruptcy with the United States Bankruptcy Court for the District of Delaware, instituting an
automatic stay pursuant to 11 U.S.C. § 362;

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WHEREAS on July 17, 2017, the United States Bankruptcy Court for the District of

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Delaware entered an order dismissing the bankruptcy petition and lifting the automatic stay (see

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Dkt. No. 141);

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WHEREAS on July 18, 2017, the Court ordered the parties to “meet and confer regarding

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a proposed case schedule through claim construction and to e-file a stipulation and proposed order

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setting out the schedule” by July 28, 2017 (Dkt. No. 142);

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WHEREAS the parties have agreed in principal to further settlement discussions, including
a personal face-to-face meeting between the principals of all three parties mediated by Tony
Piazza to occur on Tuesday, August 1;
WHEREAS Searchmetrics, Inc. has represented that, if settlement discussions and
mediation fail, it will likely file for Chapter 7 liquidation, again imposing an automatic stay in this
case and related litigation;

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WHEREAS the parties believe that an interim two-week stay will foster settlement

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discussions and the anticipated mediations, preserve the status quo, and preserve the resources of

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the parties and the Court;

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WHEREAS at the end of the interim two-week stay the parties will advise whether a

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settlement in principle has been reached or is anticipated and, if not, will submit a proposed case

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schedule pursuant to the Court’s July 18, 2017 order;

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IT IS HEREBY STIPULATED that the case be temporarily stayed, subject to the
following conditions:
1.

The case is stayed until August 11, 2017;
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STIPULATION REGARDING TEMPORARY STAY AND [PROPOSED] ORDER
CASE NO. 4:14-CV-01009-HSG

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2.

On or prior to August 11, 2017, the parties may submit a stipulation

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establishing good cause for a continuation of the stay due to a settlement in

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principle or anticipated, accompanied by a proposed order.

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In the alternative, if the Court wishes to enter a proposed case schedule at this time, the

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parties have met and conferred in an attempt to negotiate a case schedule. The parties were unable

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to reach agreement on a case schedule, and have presented each of their proposed schedules as a

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draft proposed order, Exhibit A hereto.

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DATED: July 28, 2017

Respectfully submitted,
BAKER BOTTS L.L.P.

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By: /s/ Jon Swenson
__
G. HOPKINS GUY (SBN 124811)
[e-mail]
JON V. SWENSON (SBN 233054)
[e-mail]
BAKER BOTTS L.L.P.
1001 Page Mill Road, Suite 200
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
BRIGHTEDGE TECHNOLOGIES, INC.

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DATED: July 28, 2017

Respectfully submitted,
DLA PIPER LLP (US)

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By: /s/ Carrie Williamson (by permission)
MARK FOWLER
TIMOTHY LOHSE
CARRIE L. WILLIAMSON
DLA PIPER LLP (US)
2000 University Avenue
East Palo Alto, CA 94303-2214
Telephone: [phone]
Facsimile: 650.833.2001

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Attorneys for Defendants
SEARCHMETRICS GMBH and
SEARCHMETRICS, INC.

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STIPULATION REGARDING TEMPORARY STAY AND [PROPOSED] ORDER
CASE NO. 4:14-CV-01009-HSG

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[PROPOSED ORDER]
PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED.

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Dated: 7/31/2017

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_____________________________________
Hon. Haywood S. Gilliam, Jr.

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STIPULATION REGARDING TEMPORARY STAY AND [PROPOSED] ORDER
CASE NO. 4:14-CV-01009-HSG