Hiraide v. Vast Systems Technology Corporation et al

Filing 25

STIPULATION AND ORDER 24 Setting Schedule for Plaintiff's Amended Complaint and for Briefing on Defendant's Motion to Dismiss: Motion Hearing set for 5/8/2009 09:00 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 1/21/09. (jg, COURT STAFF) (Filed on 1/21/2009)

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DHAIVAT H. SHAH (S.B. # 196382) O'MELVENY & MYERS LLP 2765 Sand Hill Road Menlo Park, California 94025 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendants VAST SYSTEMS TECHNOLOGY CORPORATION, ALAIN LABAT, KYLE PARK, MDV VII, L.P., and SEVENTH MDV PARTNERS L.L.C.

*E-FILED - 1/21/09*
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

RYUICHI HIRAIDE Plaintiff, v. VAST SYSTEMS TECHNOLOGY CORPORATION, ALAIN LABAT and KYLE PARK, MDV VII, L.P. as nominee for: MDV VII, L.P., MDV VII Leaders Fund, L.P., MDV Entrepreneurs Network Fund VII (A) LP. And MDV Entrepreneurs, Network Fund VII (B) L.P., MDV Partners L.L. and Seventh MDV Partners L.L.C. Defendants.

Case No. C08-04714 RMW (PVT) STIPULATION AND [] ORDER SETTING SCHEDULE FOR PLAINTIFF'S AMENDED COMPLAINT AND FOR BRIEFING ON DEFENDANTS' MOTION TO DISMISS

STIP. AND [] ORDER SETTING BRIEFING SCHEDULE ­ CASE NO. C08-04714

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WHEREAS, on October 10, 2008, plaintiff filed his Complaint for Damages, Declaratory and Injunctive Relief ("Complaint"); and WHEREAS, plaintiff served defendants on or after October 20, 2008; and WHEREAS, under the Federal Rules of Civil Procedure, defendants' response to the Complaint was due on or before November 10, 2008, and defendants indicated that they intended to move to dismiss the Complaint; and WHEREAS, the Court entered a stipulated briefing schedule under which: (1) defendants' motion to dismiss was due on December 5, 2008; (2) plaintiff's opposition was due on January 19, 2009; (3) defendants' Reply was due on February 2, 2009; and (4) the matter was scheduled to be heard on February 13, 2009; and WHEREAS, defendants filed their motion to dismiss on December 5, 2008; and WHEREAS, plaintiff has indicated that he intends to file an amended complaint pursuant to Rule 15(a)(1) of the Federal Rules of Civil Procedure; and WHEREAS, the parties have met-and-conferred on an acceptable schedule for plaintiff's amended complaint and defendants' motion to dismiss the amended complaint. THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and between the parties through their counsel of record: 1. Plaintiff shall file his Amended Complaint on or before February 6, 2009. 2. The February 13, 2009, hearing on defendants' motion to dismiss plaintiff's original Complaint shall be taken off calendar. 3. Defendants shall file their motion to dismiss plaintiff's Amended Complaint on or before March 13, 2009. 4. Plaintiff shall file his opposition to defendants' motion to dismiss on or before April 10, 2009. 5. Defendants shall file their reply in support of their motion to dismiss on or before April 24, 2009. 6. The hearing on defendants' motion to dismiss shall be held on May 8, 2009, or as soon thereafter as counsel may be heard. -1STIP. AND [] ORDER SETTING BRIEFING SCHEDULE ­ CASE NO. C08-04714

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7. The initial case management conference in this matter, currently scheduled for February 20, 2009, shall be continued to May 8, 2009, or as soon thereafter as counsel may be heard. IT IS SO STIPULATED. Dated: January 15, 2009 MURRAY & HOWARD, LLP By: /s/ Derek G. Howard DEREK G. HOWARD

Attorney for Plaintiff RYUICHI HIRAIDE Dated: January 15, 2009 O'MELVENY MYERS LLP By: /s/ Dhaivat H. Shah DHAIVAT H. SHAH

Attorney for Defendants VAST SYSTEMS TECHNOLOGY CORPORATION, ALAIN LABAT, KYLE PARK, MDV VII, L.P., and SEVENTH MDV PARTNERS L.L.C. ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

1/21 Dated: ______________, 2009

HON. RONALD M. WHYTE UNITED STATES DISTRICT JUDGE

I, Dhaivat H. Shah, am the ECF User whose ID and password are being used to file this Stipulation and Proposed Order Setting Briefing Schedule. In compliance with General Order 45, X.B., I hereby attest that Derek G. Howard has concurred in this filing.

By:

/s/ Dhaivat H. Shah DHAIVAT H. SHAH

MP1:1171296.1

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STIP. AND [] ORDER SETTING BRIEFING SCHEDULE ­ CASE NO. C08-04714