Multiven, Inc. v. Cisco Systems, Inc.

Filing 41

STIPULATION AND ORDER Granting Extension of Time for Counterdefendants Multiven, Inc., Pingsta, Inc. and Peter Alfred-Adekeye to respond to complaint re #39 Stipulation. Deadline to respond by 9/4/2009. Signed by Judge James Ware on 8/12/2009. (ecg, COURT STAFF) (Filed on 8/12/2009) Modified on 8/12/2009 (ecg, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 Ropers Majeski Kohn & Bentley 11
A Professional Corporation Redwood City

JAMES C. POTEPAN [SBN 107370] [e-mail] THOMAS M. O'LEARY [SBN 126146] to'[e-mail] m BRIAN C. VANDERHOOF [SBN 248511] [e-mail] m ROPERS, MAJESKI, KOHN & BENTLEY 515 S. Flower St., Suite 1100 Los Angeles, California 90071 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff/Counterdefendants MULITVEN, INC. AND PETER ALFREDADEKEYE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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RC1/5358634.1/BCV

MULTIVEN, INC. a Delaware corporation, Plaint iff, v. CISCO SYSTEMS, INC., a California corporation, Defendant. CISCO SYSTEMS, INC., a California corporation, Counterclaimant, v. MULTIVEN, INC. a Delaware corporation; PINGSTA, INC., a Delaware corporation; and PETER ALFRED ADEKEYE, an individual, Counterdefendants.

CASE NO. C 08-05391 JW-RS Assigned to Honorable James Ware STIPULATION AND [PROPOSED] ORDER EXTENDING COUNTERDEFENDANTS' TIME TO RESPOND TO THE FIRST AMENDED COUNTERCLAIMS

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND C 08-05391 JW-RS

1 2 3 4 5 6 7 8 9 10 Ropers Majeski Kohn & Bentley 11
A Professional Corporation Redwood City

IT IS HEREBY STIPULATED, pursuant to Northern District of California Local Rules 61(a), 6-2, and 7-12, by and between plaintiff/counterdefendant Multiven, Inc., counterdefendant Pingsta, Inc. and counterdefendant Peter Alfred-Adekeye and defendant/counterclaimant Cisco Systems, Inc., by and through their respective attorneys, as follows: WHEREAS, Plaintiff Multiven, Inc. filed its complaint on December 1, 2008; WHEREAS, the parties previously extended defendant Cisco Systems, Inc.'s time to respond to the Complaint by stipulations and Orders on December 29, 2008, March 27, 2009 and on or about April 30, 2009; WHEREAS, defendant Cisco Systems, Inc. filed an Answer and Counterclaims on May 18, 2009; WHEREAS, the Case Management Conference was set for June 15, 2009 (subsequently vacated by the Court); WHEREAS, the parties submitted a Joint Case Management Statement on June 5, 2009; WHEREAS, the Court entered a Scheduling Order on June 10, 2009; WHEREAS, Defendant Cisco Systems, Inc. filed an Answer and First Amended Counterclaims on June 25, 2009 adding Pingsta, Inc. as a Counterdefendant; WHEREAS, the parties previously extended Counterdefendants Multiven, Inc., Pingsta, Inc. and Peter Alfred ­Adekeye's time to respond to the First Amended Countercliams by stipulations and Orders on or about July 16, 2009; WHEREAS, Counterdefendants Multiven, Inc. and Peter Alfred ­Adekeye have recently obtained new counsel to defend against the Counterclaims; NOW, THEREFORE, the parties, by and through their counsel for record, stipulate that, if acceptable to the Court: 1. Counterdefendants Multiven, Inc., Pingsta, Inc. and Peter Alfred-Adekeye shall have until and including September 4, 2009 to move, answer, or otherwise respond to the First Amended Counterclaims. IT IS SO STIPULATED.

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RC1/5358634.1/BCV

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND C 08-05391 JW-RS

1 2 3 4 5 6 7 8 9 10 Ropers Majeski Kohn & Bentley 11
A Professional Corporation Redwood City

Dated: August 10, 2009

ROPERS, MAJESKI, KOHN & BENTLEY

By: /s/ Thomas M. O'Leary JAMES C. POTEPAN THOMAS M. O'LEARY BRIAN C. VANDERHOOF Attorneys for Plaintiff Mulit ven, Inc. Dated: August 10, 2009 GIBSON DUNN & CRUTCHER LLP

By: /s/ George A. Nicoud, III GEORGE A. NICOUD III Attorneys for Defendant Cisco Systems, Inc.

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RC1/5358634.1/BCV

ORDER 1. Counterdefendants Multiven, Inc., Pingsta, Inc. and Peter Alfred-Adekeye shall have until and including September 4, 2009 to move, answer, or otherwise respond to the First Amended Counterclaims. PURSUANT TO STIPULATION, IT IS SO ORDERED.
12 Dated: August _____, 2009

UNITED STATES DISTRICT JUDGE JUDGE JAMES WARE

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND C 08-05391 JW-RS

1 2 3 4 5 6 7 8 9 10 Ropers Majeski Kohn & Bentley 11
A Professional Corporation Redwood City

ATTESTATION PURSUANT TO GENERAL ORDER NO. 45 Pursuant to General Order No. 45 of the Northern District of California, I attest that concurrence in the filing of the document has been obtained from each of the other signatories to this document. By: ___/s/ Thomas M. O'Leary___________ THOMAS M. O'LEARY

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RC1/5358634.1/BCV

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND C 08-05391 JW-RS