Multiven, Inc. v. Cisco Systems, Inc.

Filing 9

STIPULATION AND ORDER Extending Defendant's Time to Respond to the Complaint and Continuing the Date of the Case Management Conference re #8 Stipulation. Response to complaint due 3/6/209. Joint Case Management Conference statement due 4/24/2009. Initial Case Management Conference set for 5/4/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 12/29/2008. (ecg, COURT STAFF) (Filed on 12/29/2008)

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
Gibson, Dunn & Crutcher LLP

GIBSON, DUNN & CRUTCHER LLP Robert E. Cooper, SBN 35888 [e-mail] 333 S. Grand Ave Los Angeles, California 90071 Telephone: [phone] Facsimile: [phone] George A. Nicoud III, SBN 106111 [e-mail] Lindsey E. Blenkhorn, SBN 227484 [e-mail] 555 Mission Street San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MULTIVEN, INC., a Delaware Corporation, Plaintiff, v. CISCO SYSTEMS, INC., a California corporation, Defendant. CASE NO. C08-CV-05391-JW STIPULATION AND [PROPOSED] ORDER EXTENDING DEFENDANT'S TIME TO RESPOND TO THE COMPLAINT AND MODIFYING THE DATE OF THE CASE MANAGEMENT CONFERENCE

IT IS HEREBY STIPULATED, pursuant to Northern District of California Local Rules 61(a), 6-2, 7-12, and 16-2(e) by and between Plaintiff Multiven, Inc. and Defendant Cisco Systems, Inc., by and through their attorneys, as follows: WHEREAS, Plaintiff Multiven, Inc. filed its Complaint on December 1, 2008; WHEREAS, pursuant to Northern District of California Local Rule 6-1(a), Plaintiff Multiven, Inc. agrees that Defendant Cisco Systems, Inc. shall have until and including March 6, 2009 to move, answer, or otherwise respond to the complaint; WHEREAS, the case management conference is presently set for March 30, 2009; WHEREAS, the parties are presently scheduled to submit a Joint Case Management Statement on March 20, 2009;

STIPULATION AND [PROPOSED] ORDER EXTENDING DEFENDANT'S TIME TO RESPOND TO THE COMPLAINT AND MODIFYING THE DATE OF THE CASE MANAGEMENT CONFERENCE; CASE No. C08-CV-05391

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, both parties agree that the case management conference should be continued to permit the parties to confer regarding the facts in this case; WHEREAS, both parties agree that, pursuant to Northern District of California Local Rule 16-2(e), the case management conference shall be on or after May 4, 2009, or a date as soon thereafter as is convenient for the Court; WHEREAS, both parties agree that, pursuant to Northern District of California Local Rule 16-2(e), the Joint Case Management Statement shall be due ten calendar days before the case management conference. NOW, THEREFORE, the parties, by and through their counsel of record, stipulate that, if acceptable to the Court: 1. Defendant Cisco Systems, Inc. shall have until and including March 6, 2009 to move, answer, or otherwise respond to the complaint; 2. The case management conference shall be on or after May 4, 2009, as is convenient for the Court; and 3. The parties' Joint Case Management Statement shall be due ten calendar days before the case management conference. IT IS SO STIPULATED. DATED: December 24, 2008 GIBSON, DUNN & CRUTCHER LLP Robert E. Cooper George A. Nicoud III Lindsey E. Blenkhorn By:________/s/ George A. Nicoud III_____ Attorneys for Defendant CISCO SYSTEMS, INC.

2
Gibson, Dunn & Crutcher LLP

STIPULATION AND [PROPOSED] ORDER EXTENDING DEFENDANT'S TIME TO RESPOND TO THE COMPLAINT AND MODIFYING THE DATE OF THE CASE MANAGEMENT CONFERENCE; CASE No. C08-CV-05391

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: December 24, 2008 BLECHER & COLLINS, P.C. Maxwell M. Blecher Donald R. Pepperman James Robert Noblin By:_________/s/ Maxwell M. Blecher____ Attorneys for Plaintiff MULTIVEN, INC.

ORDER 1. Defendant Cisco Systems, Inc. shall have until and including March 6, 2009 to move, answer, or otherwise respond to the complaint; May 4 10:00 AM 2. The case management conference shall be on __________________, 2009 at ____________; 3. The parties' Joint Case Management Statement shall be due ten calendar days before the case management conference. PURSUANT TO STIPULATION, IT IS SO ORDERED. December 29, 2008 Dated:_____________________ ______________________________________ UNITED STATES DISTRICT JUDGE JUDGE JAMES WARE

3
Gibson, Dunn & Crutcher LLP

STIPULATION AND [PROPOSED] ORDER EXTENDING DEFENDANT'S TIME TO RESPOND TO THE COMPLAINT AND MODIFYING THE DATE OF THE CASE MANAGEMENT CONFERENCE; CASE No. C08-CV-05391

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

DECLARATION OF SERVICE
I, Elizabeth Sperry, declare as follows: I am employed in the County of San Francisco, State of California; I am over the age of eighteen years and am not a party to this action; my business address is 555 Mission Street, Suite 3000, San Francisco, California 94105, in said County and State. On December 24, 2008, I served the within: STIPULATION AND [PROPOSED] ORDER EXTENDING DEFENDANT'S TIME TO RESPOND TO THE COMPLAINT AND MODIFYING THE DATE OF THE CASE MANAGEMENT CONFERENCE DECLARATION OF GEORGE A. NICOUD III IN SUPPORT OF STIPULATION AND [PROPOSED] ORDER EXTENDING DEFENDANT'S TIME TO RESPOND TO THE COMPLAINT AND MODIFYING THE DATE OF THE CASE MANAGEMENT CONFERENCE to all interested parties as follows: BY ECF (ELECTRONIC CASE FILING): I e-filed the above-detailed documents utilizing the
United States District Court, Northern District of California's mandated ECF (Electronic Case Filing) service on December 5, 2008. Counsel of record are required by the Court to be registered e-filers, and as such are automatically e-served with a copy of the documents upon confirmation of e-filing.

BY ELECTRONIC MAIL: On the above-mentioned date, I served a full and complete copy of the above-referenced document[s] by electronic mail to the person at the address indicated below.
James Robert Noblin Blecher & Collins, P.C. 515 South Figueroa Street, Suite 1750 Los Angeles, California 90017-3334 Phone: [phone] Fax: [phone] Email: [e-mail]

I certify under penalty of perjury that the foregoing is true and correct, that the foregoing document(s) were printed on recycled paper, and that this Declaration of Service was executed by me on December 24, 2008, at San Francisco, California.

_____ /s:/ Elizabeth Sperry_________ Elizabeth Sperry

4
Gibson, Dunn & Crutcher LLP

STIPULATION AND [PROPOSED] ORDER EXTENDING DEFENDANT'S TIME TO RESPOND TO THE COMPLAINT AND MODIFYING THE DATE OF THE CASE MANAGEMENT CONFERENCE; CASE No. C08-CV-05391