Mysfyt, Inc. v. James Lum

Filing 15

STIPULATION AND ORDER TO SET ASIDE CLERK'S DEFAULT AND EXTEND re 14 STIPULATION WITH PROPOSED ORDER re 13 Clerk's Notice of Entry of Default Stipulation to Set Aside Clerk's Entry of Default filed by MYSFYT, Inc., James Lum Case Management Statement due by 12/2/2016. Initial Case Management Conference set for 12/13/2016 01:30 PM in Courtroom 4, 3rd Floor, Oakland.. Signed by Magistrate Judge Kandis A. Westmore on 10/7/16. (sisS, COURT STAFF) (Filed on 10/7/2016)

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andis W
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Attorneys for Defendant

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OTTO O. LEE, CA Bar No. 173987
[e-mail]
KEVIN VIAU, CA Bar No. 275556
[e-mail]
BONNIE J. WOLF, CA Bar No. 284872
[e-mail]
INTELLECTUAL PROPERTY LAW GROUP LLP
12 South First Street, 12th Floor
San Jose, California 95113
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff

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DOMINIC V. SIGNOROTTI, CA Bar No. 267712
[e-mail]
BUCHMAN PROVINE BROTHERS SMITH LLP
2033 N. Main Street, Suite 720
Walnut Creek, California 94596
Telephone: [phone]
Facsimile: 925 944 9701

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MYSFYT, INC., a California corporation,
Plaintiff,

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v.

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JAMES LUM, an individual; and DOES 1-20,
inclusive;

Case No.: 16-cv-03813-KAW
STIPULATION TO SET ASIDE CLERK’S
ENTRY OF DEFAULT AND EXTEND
TIME TO RESPOND TO COMPLAINT;
[PROPOSED] ORDER

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Defendant.
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In accordance with Civ. L.R. 6-1(a) and 7-7(e), Plaintiff Mysfyt, Inc. (“Plaintiff”) and

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Defendant Mr. James Lum (“Defendant”) (collectively, the “Parties”), by and through their respective
counsel, stipulate and agree as follows:
WHEREAS, Plaintiff filed its Complaint on July 7, 2016 (Dkt. 1);

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WHEREAS, the Executed Summons was returned on August 15, 2016 (Dkt. 8);

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Stipulation to Set Aside Clerk’s Entry of Default and
Extend Time to Respond to Complaint
440668.1

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16-cv-03813-KAW

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WHEREAS, no answer was filed by Defendant;

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WHEREAS, Plaintiff filed a Request for Entry of Default (Dkt. 10) on October 3, 2016;

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WHEREAS, the Clerk entered default (Dkt. 13) on October 4, 2016;

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WHEREAS, Defendant intends to and will file a responsive pleading in this case;

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WHEREAS, Intellectual Property Law Group LLP was recently retained by Defendant in this

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matter;

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WHEREAS, the Parties wish to avoid unnecessary motion practice associated with the Entry
of Default and to allow time for Defendant to enter a responsive pleading;

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NOW THEREFORE, based upon the foregoing recitals, IT IS HEREBY STIPULATED AND

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AGREED by and between the Parties through their respective counsel of record, subject to the

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approval of the Court, that the default entered by the Clerk on October 4, 2016 in the above-captioned

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action shall be set aside and the case shall proceed as though no default had been entered, and

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Defendant shall be allowed 21 days after the filing of this stipulation to respond to the Complaint;

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and the Case Management Schedule shall be modified as follows:

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Stipulated
Date

Current Date

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9/20/2016

Last day to meet and confer re: initial disclosures, early
settlement, ADR process selection, and discovery plan;
file ADR Certification signed by Parties and Counsel;
file either Stipulation to ADR Process or Notice of Need
for ADR Phone Conference

10/4/2016

Last day to file Rule 26(f) Report, complete initial
disclosures or state objection in Rule 26(f) Report and file
Case Management Statement per Standing Order re
Contents of Joint Case Management Statement

10/11/2016

INITIAL CASE MANAGEMENT CONFERENCE
(CMC) at 1:30 PM in:
Ronald Dellums Federal Building
1301 Clay Street
Oakland, CA 94612

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11/11/2016

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12/2/2016

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12/13/2016

Event

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Stipulation to Set Aside Clerk’s Entry of Default and
Extend Time to Respond to Complaint
440668.1

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16-cv-03813-KAW

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Respectfully submitted,
Dated: October 6, 2016

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INTELLECTUAL PROPERTY LAW GROUP LLP
By:

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Attorneys for Defendant

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Dated: October 6, 2016

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BUCHMAN PROVINE BROTHERS SMITH LLP
By:

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/s/ Dominic V. Signorotti
Dominic V. Signorotti
2033 N. Main Street, Suite 720
Walnut Creek, California 94596
Telephone: [phone]
Facsimile: 925 944 9701

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Attorneys for Plaintiff

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/s/ Bonnie J. Wolf
Otto O. Lee
Kevin Viau
Bonnie J. Wolf
12 South First Street, 12th Floor
San Jose, California 95113
Telephone: [phone]
Facsimile: [phone]

* Pursuant to Local Rule 5-1(i)(3), filing counsel attests that all other signatories listed, on whose
behalf the filing is submitted, concur in the filing’s content and have authorized the filing.

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Stipulation to Set Aside Clerk’s Entry of Default and
Extend Time to Respond to Complaint
440668.1

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16-cv-03813-KAW