Hantz Software, LLC v. Sage Intacct, Inc.

Filing 39

ORDER by Judge Haywood S. Gilliam, Jr. Granting 38 Stipulation to Extend Briefing Schedule and Time to File Amended Complaint.(ndrS, COURT STAFF) (Filed on 6/3/2021)

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1 2 3 4 5 6 7 8 9 10 11 12 Lewis Emery Hudnell III (CA SBN 218736) lewis@hudnelllaw.com HUDNELL LAW GROUP 800 W. El Camino Real, Suite 180 Mountain View, CA 94040 Telephone: (650) 564-3698 Jason W. Wolff (CA SBN 215819) wolff@fr.com FISH & RICHARDSON P.C. 12860 El Camino Real, Ste. 400 San Diego, CA 92130 Telephone: (858) 678-5070 Facsimile: (858) 678-5099 Jon VanOphem (Admitted Pro Hac Vice) john@vanophemiplaw.com VANOPHEM IP LAW PLC 1585 S. Hickory Ridge Rd. Milford, MI 48380 Telephone: (248) 817-8913 Lauren Degnan (Admitted Pro Hac Vice) degnan@fr.com FISH & RICHARDSON P.C. 1000 Maine Ave. SW Washington, DC 20024 Telephone: (202) 626-6392 David J. Shea (Admitted Pro Hac Vice) david.shea@sadplaw.com 26100 American Drive #2 Southfield, MI 48034 Telephone: (248) 354-0224 Robert Courtney (CA SBN 248392) courtney@fr.com FISH & RICHARDSON P.C. 3200 RBC Plaza 60 South Sixth Street Minneapolis, MN 55402 Telephone: (612) 335-5070 Facsimile: (612) 288-9696 Attorneys for Plaintiff HANTZ SOFTWARE, LLC 13 Attorneys for Defendant SAGE INTACCT, INC. 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 19 20 21 22 23 24 25 26 HANTZ SOFTWARE, LLC., a Michigan Limited Liability Company, Case No. 4:21-cv-01987-HSG Plaintiff, v. SAGE INTACCT, INC., a Delaware Corporation, JOINT STIPULATION AND ORDER FOR EXTENSION OF MOTION TO DISMISS BRIEFING SCHEDULE AND EXTENSION OF TIME TO FILE AMENDED COMPLAINT Defendant. Under Local Rule 6-2, Plaintiff Hantz Software, LLC’s (“Hantz”) and Defendant Sage Intacct, Inc. (“Sage”), by and through their respective undersigned counsel, stipulate as follows: 27 28 JOINT STIPULATION AND ORDER FOR EXTENSION OF MOTION TO DISMISS BRIEFING SCHEDULE AND EXTENSION OF TIME TO FILE AMENDED COMPLAINT Case No. 4:21-cv-01987-HSG 1 2 WHEREAS, Sage filed a Motion to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12 (b)(6) in the present lawsuit on May 13, 2021; 3 WHEREAS, on May 21, 2021, the Court granted the parties’ stipulation to extend the time 4 for Hantz to respond to the Motion from May 27, 2021 to June 3, 2021 and for Sage to reply from 5 June 3, 2021 to June 10, 2021 (Dkt. No. 35); 6 7 8 9 WHEREAS, under Fed. R. Civ. P. 15(a)(1)(B), the deadline for Hantz tor file an Amended Complaint as a matter of course is June 3, 2021. WHEREAS, Sage does not oppose Hantz’s request for a 7-day extension of time for Hantz to file a response to the Motion from June 3, 2021 to June 10, 2021 and for Sage to file a reply 10 from June 10, 2021 to June 17, 2021 and a 7-day extension of time for Hantz to file an Amended 11 Complaint from June 3, 2021 to June 10, 2021; 12 13 WHEREAS, this extension of time will not alter the date of any event or any deadline that the Court has already fixed, including the July 29, 2021 hearing date for the Motion; and 14 THEREFORE, IT IS HEREBY STIPULATED that Hantz shall have up to and including 15 June 10, 2021 to file a response to Sage’s Motion to Dismiss and Sage shall have up to and 16 including June 17, 2021 to file its reply to Hantz’s response. Hantz also shall have up to and 17 including June 10, 2021 to file an Amended Complaint. The parties respectfully jointly request 18 that the Court issue an order modifying the motion to dismiss briefing schedule and the deadline 19 to file an Amended Complaint in this case accordingly. 20 21 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Dated: June 3, 2021 HUDNELL LAW GROUP P.C. 22 23 By: /s/Lewis E. Hudnell, III Lewis E. Hudnell, III 24 Attorney for Plaintiff HANTZ SOFTWARE, LLC 25 26 27 28 2 JOINT STIPULATION AND ----------------- ORDER FOR EXTENSION [PROPOSED] OF MOTION TO DISMISS BRIEFING SCHEDULE AND EXTENSION OF TIME TO FILE AMENDED COMPLAINT Case No. 4:21-cv-01987-HSG 1 Dated: June 3, 2021 FISH & RICHARDSON P.C. 2 3 By: /s/Robert Courtney (with permission) Robert Courtney 4 Attorney for Defendant SAGE INTACCT, INC. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 JOINT STIPULATION AND [PROPOSED] ORDER FOR EXTENSION --------------OF MOTION TO DISMISS BRIEFING SCHEDULE AND EXTENSION OF TIME TO FILE AMENDED COMPLAINT Case No. 4:21-cv-01987-HSG 1 2 3 4 5 ATTESTATION Under Civ. Local Rule 5.1(i)(3) regarding signatures, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from counsel for Sage. Dated: June 3, 2021 HUDNELL LAW GROUP P.C. 6 By: /s/Lewis E. Hudnell, III Lewis E. Hudnell, III 7 8 Attorney for Plaintiff HANTZ SOFTWARE, LLC 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 JOINT STIPULATION AND ----------------- ORDER FOR EXTENSION [PROPOSED] OF MOTION TO DISMISS BRIEFING SCHEDULE AND EXTENSION OF TIME TO FILE AMENDED COMPLAINT Case No. 4:21-cv-01987-HSG 1 IT IS SO ORDERED. 2 3 4 5 6/3/2021 Dated: ____________________ _______________________________________ Hon. Haywood S. Gilliam, Jr. United States District Court Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 JOINT STIPULATION AND [PROPOSED] ORDER FOR EXTENSION ---------------OF MOTION TO DISMISS BRIEFING SCHEDULE AND EXTENSION OF TIME TO FILE AMENDED COMPLAINT Case No. 4:21-cv-01987-HSG

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