Hiraide v. Vast Systems Technology Corporation et al

Filing 9

STIPULATION AND ORDER 8 Extending Defendants' Time to Respond to Complaint and Setting Briefing Schedule and Hearing Date on Defendants' Motion to Dismiss. Motion Hearing set for 2/13/2009 09:00 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 11/5/08. (jg, COURT STAFF) (Filed on 11/6/2008)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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]

*E-FILED - 11/6/08*

Attorneys for Defendants VAST SYSTEMS TECHNOLOGY CORPORATION, ALAIN LABAT, KYLE PARK, MDV VII, L.P., and SEVENTH MDV PARTNERS L.L.C.

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. Defendant.

Case No. C08-04714 RMW (PVT) STIPULATION AND [] ORDER EXTENDING DEFENDANTS' TIME TO RESPOND TO COMPLAINT AND SETTING BRIEFING SCHEDULE AND HEARING DATE ON DEFENDANTS' MOTION TO DISMISS

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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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 is due on or before November 10, 2008, and defendants have indicated that they will move to dismiss the case; and WHEREAS, due to the complexity of the case and the difficulties in scheduling presented by the holiday season, the parties agree that additional time is necessary to adequately brief the issues addressed in defendants' motion to dismiss the complaint; THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and between the parties through their counsel of record: 1. Defendants shall file their motion to dismiss plaintiff's complaint on or before December 5, 2008. 2. Plaintiff shall file his opposition to defendants' motion to dismiss on or before January 19, 2009. 3. Defendants shall file their reply in support of their motion to dismiss on or before February 2, 2009.

1

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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated:

4. The hearing on defendants' motion to dismiss shall be held on February 13, 2009, or as soon thereafter as counsel may be heard. IT IS SO STIPULATED. Dated: October 28, 2008 MURRAY & HOWARD, LLP By: /s/ Derek G. Howard DEREK G. HOWARD

Attorney for Plaintiff RYUICHI HIRAIDE Dated: October 28, 2008 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.

11/6 ______________, 2008

for
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

MP1:1027593.2

2

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