Aspect Communications Corporation v. Avaya Brasil et al

Filing 47

ORDER re 45 Status Report filed by Aspect Communications Corporation, 46 Status Report filed by Avaya Brasil. LTDA. The Court sets 4/13/09 as a date where the parties SHALL file a further Status Report updating the Court on the status of the arbitration. Signed by Judge James Ware on February 20, 2009. (jwlc1, COURT STAFF) (Filed on 2/20/2009) Modified on 4/29/2009 (cv, COURT STAFF).

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ER IN THE UNITED STATES DISTRICT COURT C N F D IS T IC T O NORTHERN DISTRICT OF CALIFORNIA R

SAN JOSE DIVISION

ASPECT COMMUNICATIONS CORP, Plaintiff,

) Case No.: CV 04-03172 JW

)

)

) ORDER SETTING FURTHER STATUS
) PLAINTIFF ASPECT REPORT COMMUNICATIONS CORP. 'S ) ) SUPPLEMENTAL STATUS REPORT ) )

AVAYA BRASIL, LTDA., LUCENT TECHNOLOGIES BRASIL LTDA. and DOES 1 through 35, Inclusive, Defendants.

) )

) Complaint Filed: August 4, 2004

Plaintiff ASPECT COMMUNICATIONS CORP. reports as follows concerning the status of this case: Change of Law Firm Effective April 1, 2008, PlaintifFs counsel, Thornton, Taylor, Becker, & Shinn, merged with Fox Rothschild, LLP, which is now Plaintiffs' counsel. Phillip F. Shinn remains lead counsel for Plaintiff. 2. Arbitration This dispute between Aspect Communications and Avaya arises from two separate software licensing and distribution contracts, signed in 2000 and 2002. Claims arising from the 2000 contract have been ordered by the court to binding arbitration, venued in Florida. The arbitration hearing is scheduled for March 9-12, 2009.

Case No.: CV 04-03172 JW
SF1 6970vl 01/30/09

PLAINTIFF'S SUPPLEMENTAL STATUS REPORT

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FO

ATTORNEYS FOR PLAINTIFF ASPECT COMMUNICATIONS CORP.

m Judge Ja

es Ware

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PHILLIP F. SHINN, SBN 112051 FOX ROTHSCHILD LLP 235 Pine Street, Suite 1500 San Francisco, CA 94104-2734 415/364-5540//FAX: [phone]

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S DISTRICT TE C TA

DERED SO OR IT IS

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The parties have each taken one deposition, and have exchanged written discovery. The arbitration will go forward unless there is a settlement. 3. Litigation The present federal district case concerns the second contract, signed in 2002. Upon completion of the arbitration, the parties should be prepared to proceed with the federal court action.

DATED: January 30, 2009

FOX ROTHSCHILD LLP

PHILLIP F. SHINN Attorneys for Plaintiff ASPECT COMMUNICATIONS CORP.

*** ORDER *** In light of the parties' representation that the arbitration hearing is scheduled for March 9-12, 2009, the Court sets April 13, 2009 as a date whereby the parties shall file a further Status Report updating the Court on the status of the arbitration.

Dated: February 20, 2009

________________________ JAMES WARE United States District Judge

Case No.: CV 04-03172 JW
SFI 6970vl 01/30/09

PLAINTIFF'S SUPPLEMENTAL STATUS REPORT