NetApp, Inc. v. Crossroads Systems, Inc.

Filing 25

ORDER GRANTING AS MODIFIED 24 STIPULATION to Further Extend Briefing Schedule Regarding Motion to Dismiss and to Enlarge Time for NetApp to Respond to Counterclaims. Opposition due by 6/5/2014. Replies due by 6/19/2014. Motion Hearing set for 7/11/2014 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on 6/2/14. (jjoS, COURT STAFF) (Filed on 6/2/2014)

Case4:14-cv-01727-JSW Document24 Filed05/30/14 Page1 of 4

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DUANE MORRIS LLP
Karineh Khachatourian (SBN 202634)
[e-mail]
David T. Xue (SBN 256668)
[e-mail]
Patrick S. Salceda (SBN 247978)
[e-mail]
2475 Hanover Street
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: 650.847.4151
Attorneys for Plaintiff
NETAPP, INC.

WONG CABELLO LUTSCH
RUTHERFORD & BRUCCULERI, LLP
Russell T. Wong
[e-mail]
Texas Bar No. 21884235
Admitted to the NDCA
20333 SH 249, Suite 600
Houston, TX 77070
Telephone: [phone]
Facsimile: 832.446.2424
Attorneys for Defendant
CROSSROADS SYSTEMS, 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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NETAPP, INC.

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Case No.: 4:14-cv-01727-JSW
Plaintiff,

v.
CROSSROADS SYSTEMS, INC.,
Defendant.

SECOND STIPULATION AND
[PROPOSED] ORDER TO FURTHER
EXTEND BRIEFING SCHEDULE
REGARDING CROSSROADS’
MOTION TO DISMISS AND TO
ENLARGE TIME FOR NETAPP TO
RESPOND TO CROSSROADS’
COUNTERCLAIMS PURSUANT TO
CIVIL L.R. 6-2 AS MODIFIED

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Honorable Jeffrey S. White

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SECOND STIPULATION RE BRIEFING SCHEDULE ON MOTION TO DISMISS AND RESPONSE TO COUNTERCLAIMS
CASE NO. 4:14-CV-01727-JSW

Case4:14-cv-01727-JSW Document24 Filed05/30/14 Page2 of 4

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Plaintiff and Counter-Defendant NetApp, Inc. (“NetApp”) and Defendant and CounterClaimant Crossroads Systems, Inc. (“Crossroads”), hereby stipulate, pursuant to Civil L.R. 6-2, to a
further enlargement of time for NetApp to respond to Crossroads’ Counterclaims and to extend the
briefing schedule relative to Crossroads’ Motion to Dismiss or In the Alternative, Transfer Venue.
An further enlargement of time and a short extension of the briefing schedule is necessary and
appropriate for the following reasons:

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WHEREAS, the Court, finding good cause, previously granted the parties’ Stipulation to
enlarge the time for NetApp to respond to Crossroads’ Counterclaims and to extend the briefing
schedule relative to Crossroads’ Motion to Dismiss or In the Alternative, Transfer Venue. See Dkt.
23.
WHEREAS, the parties continue to meet and confer in an effort to resolve this litigation. To
facilitate those discussions, the most recent of which occurred May 29, 2014, and to avoid what may
become unnecessary pleading and motion practice, the parties seek an additional two day extension
of time for the following deadlines:


NetApp’s response to Crossroads’ Counterclaims shall be extended from June 3, 2014
to June 5, 2014;



NetApp’s opposition to Crossroads’ Motion to Dismiss or In the Alternative, Transfer
Venue shall be extended from June 3, 2014 to June 5, 2014; and



Crossroads’ reply in support of its Motion to Dismiss or In the Alternative, Transfer
Venue shall be extended from June 17, 2014 to June 19, 2014.

WHEREAS, the requested extension of time will have no effect on the schedule for this case.
IT IS THEREFORE STIPULATED AND AGREED AS FOLLOWS:
1.

NetApp’s deadline to respond to Crossroads’ Counterclaims shall be extended from

June 3, 2014 to June 5, 2014;
2.

NetApp’s deadline to file an opposition to Crossroads’ Motion to Dismiss or In the

Alternative, Transfer Venue shall be extended from June 3, 2014 to June 5, 2014;
3.

Crossroads’ reply in support of its Motion to Dismiss or In the Alternative, Transfer

Venue shall be extended from June 17, 2014 to June 19, 2014; and

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-1SECOND STIPULATION RE BRIEFING SCHEDULE ON MOTION TO DISMISS AND RESPONSE TO COUNTERCLAIMS
CASE NO. 4:14-CV-01727-JSW

Case4:14-cv-01727-JSW Document24 Filed05/30/14 Page3 of 4

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4.

The hearing on Crossroads’ Motion to Dismiss or In the Alternative, Transfer Venue

shall remain June 27, 2014.
IT IS SO STIPULATED:

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Dated: May 30, 2014

By: /s/ Karineh Khachatourian
Karineh Khachatourian
[e-mail]
David T. Xue
[e-mail]
Patrick S. Salceda
[e-mail]
DUANE MORRIS LLP
2475 Hanover Street
Palo Alto, CA 94304-1194

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Attorneys for Plaintiff
NETAPP, INC.

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Respectfully submitted,

Dated: May 30, 2014

Respectfully submitted,
By: /s/ Russell T. Wong
WONG CABELLO LUTSCH
RUTHERFORD & BRUCCULERI, LLP
Russell T. Wong
[e-mail]
Texas Bar No. 21884235
Admitted to the NDCA
Houston, TX 77070
Attorneys for Defendant
CROSSROADS SYSTEMS, INC.

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ATTESTATION
In accordance with Civil L.R. 5-1(i)(3), the filer of this document hereby attests that
concurrence in the filing of this document has been obtained from the other signatory hereto.
Respectfully submitted,
By: /s/ Karineh Khachatourian
Karineh Khachatourian

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-2SECOND STIPULATION RE BRIEFING SCHEDULE ON MOTION TO DISMISS AND RESPONSE TO COUNTERCLAIMS
CASE NO. 4:14-CV-01727-JSW

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[PROPOSED] ORDER
Based upon the foregoing Stipulation and good cause appearing, IT IS SO ORDERED:
1.

NetApp’s deadline to respond to Crossroads’ Counterclaims shall be extended from

June 3, 2014 to June 5, 2014;
2.

NetApp’s deadline to file an opposition to Crossroads’ Motion to Dismiss or In the

Alternative, Transfer Venue shall be extended from June 3, 2014 to June 5, 2014;
3.

Crossroads’ reply in support of its Motion to Dismiss or In the Alternative, Transfer

Venue shall be extended from June 17, 2014 to June 19, 2014; and
4.

The hearing on Crossroads’ Motion to Dismiss or In the Alternative, Transfer Venue

shall remain June 27, 2014 to. shall be continued to July 11, 2014 at 9:00 a.m.

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June 2
DATED: ____________________, 2014

____________________________________
Hon. Jeffrey S. White
United States District Court Judge

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SECOND STIPULATION RE BRIEFING SCHEDULE ON MOTION TO DISMISS AND RESPONSE TO COUNTERCLAIMS
CASE NO. 4:14-CV-01727-JSW