Pace Anti-Piracy, Inc. v. Inside Secure et al

Filing 34

ORDER by Judge Haywood S. Gilliam, Jr. Granting 33 Stipulation for Continuance of Initial Case Management Conference and Accompanying Deadlines. Case Management Statement due by 1/30/2018; Case Management Conference set for 2/6/2018 02:00 PM. (ndrS, COURT STAFF) (Filed on 12/21/2017)

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John V. Picone III, Esq. (State Bar No. 187226)
[e-mail]
Jennifer S. Coleman, Esq. (State Bar No. 213210)
[e-mail]
C. Gideon Korrell (State Bar No. 284890)
[e-mail]
HOPKINS & CARLEY
A Law Corporation
The Letitia Building
70 South First Street
San Jose, California 95113-2406
mailing address:
P.O. Box 1469
San Jose, CA 95109-1469
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
PACE Anti-Piracy, 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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PACE ANTI-PIRACY, INC. a California
corporation,

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Plaintiff,
v.

CASE NO. 4:17-cv-05860-HSG
STIPULATION AND ORDER FOR
CONTINUANCE OF INITIAL CASE
MANAGEMENT CONFERENCE AND
ACCOMPANYING DEADLINES

INSIDE SECURE, a French legal entity, and
INSIDE SECURE CORP., a Delaware
corporation,

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Defendant.

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H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

PALO ALTO

-1870\2861252.3

STIPULATION AND ORDER FOR CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE AND
ACCOMPANYING DEADLINES
CASE NO. 4:16-CV-06765-HSG

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STIPULATION

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This Stipulation is made pursuant to Local Rule 6-2 by and between Plaintiff PACE Anti-

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Piracy, Inc. (“PACE”) and Defendants Inside Secure and Inside Secure Corp. (collectively, “IS”)

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through their respective attorneys. PACE and IS (collectively, the “Parties”) stipulate as follows:

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The Court’s Order Setting Initial Case Management Conference and ADR

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Deadlines dated October 12, 2017 (“Initial CMC Order”) set an initial case management

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conference in this case for January 12, 2018 at 2:00 p.m. (“Initial CMC”), and directed counsel to

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meet and confer regarding their respective Rule 26(f) obligations in advance of the CMC no later

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than December 22, 2017. (Dkt. No. 7).

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2.

The Court’s Initial CMC Order also stated that, under Rule 26(f), initial disclosures

must be made at or within fourteen (14) days after the Rule 26(f) conference, or by January 5, 2018.

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3. On December 1, 2017, this case was reassigned to the Honorable Haywood S.

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Gilliam, Jr. (“Order Reassigning Case”). The Order Reassigning Case vacated the Initial CMC, but

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kept all other deadlines, such as those for ADR compliance, in place. (Dkt. No. 29).

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4.

Also on December 1, 2017, the Initial CMC was re-scheduled for January 16, 2018

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at 2:00 p.m., with the deadline to meet and confer re-scheduled to December 26, 2017 and the

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deadline for the filing of the Case Management Conference Statement re-scheduled to January 9,

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2018. (Dkt. No. 28).

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5.

There have been no previous time modifications in this case except for two

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extensions of time for IS to respond to PACE’s complaint; that response is due on December 26,

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2017. (Dkt. Nos. 20 and 31).

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6.

The Parties have engaged in face-to-face settlement discussions and have

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exchanged proposed settlement terms. While the Parties are still negotiating those terms, the

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Parties request this continuance of the Case Management Conference Schedule deadlines as set

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out below so that they can continue settlement negotiations in the hope that this case can be

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settled prior to the below proposed January 16, 2018 deadline.

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///

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///

H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

PALO ALTO

-2870\2861252.3

STIPULATION AND ORDER FOR CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE AND
ACCOMPANYING DEADLINES
CASE NO. 4:16-CV-06765-HSG

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7.

The Parties have agreed to modify the Case Management Conference Schedule as

follows:

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CASE MANAGEMENT CONFERENCE SCHEDULE
Date

Event

January 16,
2018
January 30,
2018

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Last day to meet and confer re: initial disclosures and
discovery plan

FRCP 26(f)

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

FRCP 26(a)(1)
Civil L.R. 16-9

(also available at http://www.cand.uscourts.gov)
February 6,
2018,
at 2:00pm

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Governing Rule

INITIAL CASE MANAGEMENT CONFERENCE (CMC):

Civil L.R. 16-10

Oakland Courthouse
Courtroom 2 - 4th Floor
1301 Clay Street,
Oakland, CA 94612

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: December 20, 2017

HOPKINS & CARLEY, A Law Corporation

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By: /s/ John Picone
John V. Picone III

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Attorney for Plaintiff PACE Anti-Piracy, Inc.

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Dated: December 20, 2017

SKADDEN, ARPS, SLATE, MEAGHER & FLOM
LLP

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By: /s/ James Pak
James Y. Pak

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Attorney for Defendants Inside Secure and
Inside Secure Corp.

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H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

PALO ALTO

-3870\2861252.3

STIPULATION AND ORDER FOR CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE AND
ACCOMPANYING DEADLINES
CASE NO. 4:16-CV-06765-HSG

ATTESTATION OF E-FILED SIGNATURE

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Pursuant to Local Rule 5-1(i)(3), I hereby certify that I have obtained the concurrence in the

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filing of this document from all signatories for whom a signature is indicated by a “conformed”

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signature (/ s /) within this electronically filed document and I have on file records to support this

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concurrence for subsequent production to the Court if so ordered or for inspection upon request.

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Dated: December 20, 2017

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By: /s/ John Picone
John V. Picone III
Attorney for Plaintiff
PACE Anti-Piracy, Inc.

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H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

PALO ALTO

-4870\2861252.3

STIPULATION AND ORDER FOR CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE AND
ACCOMPANYING DEADLINES
CASE NO. 4:16-CV-06765-HSG

ORD
DER

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PURS
SUANT TO STIPULATION, IT IS S ORDER
SO
RED.

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DATED: DECE
EMBER 21, 2017

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By:

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H
HON. HAYW
WOOD S. G
GILLIAM, JR
R.
U
UNITED ST
TATES DIST
TRICT JUD
DGE

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H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

PALO ALTO

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587
70\2861252.3

STI
IPULATION AND ORDER FOR CONTIN
A
F
NUANCE OF IN
NITIAL CASE MANAGEMENT CONFER
E
RENCE AND
AC
CCOMPANYIN DEADLIN
NG
NES
CASE NO. 4:16-CV
E
V-06765-HSG