Sigma Six Technologies, Inc. et al v. Nagarro, Inc. et al

Filing 66

STIPULATION AND ORDER AS MODIFIED BY THE COURT TO MODIFY THE SCHEDULING ORDER re 65 Stipulation. Close of All Discovery due by 5/24/2010. Last to Hear Dispositive Motions by 7/12/2010 09:00 AM. Joint Preliminary Pretrial Conference statement due 4/16/2010. Preliminary Pretrial Conference set for 4/26/2010 11:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 9/2/2009. (ecg, COURT STAFF) (Filed on 9/2/2009)

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1 2 3 4 5 6 7 8 9 10 Ropers Majeski Kohn & Bentley 11 A Professional Corporation San Jose Attorneys for Defendant NAGARRO, INC. ER N UNITED STATES DISTRICT COURT D IS T IC T R OF NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SIGMA SIX TECHNOLOGIES, INC., a New York corporation and SIGMA SIX CONSULTING, LLC, a New York limited liability company, Plaint iffs, v. NAGARRO, INC., a New Jersey corporation, T-SYSTEMS ENTERPRISE SERVICES GmbH, a German business entity, and DOES 1-10. Defendants. CASE NO. C08-05633 JW (PVT) AMENDED STIPULATION TO MODIFY SCHEDULING ORDER; [PROPOSED] ORDER Judge: The Honorable James Ware IT IS HEREBY STIPULATED, by and between Plaintiffs SIGMA SIX TECHNOLOGIES, INC. ("SST") and SIGMA SIX CONSULTING, LLC ("SSC") (collectively, "Plaint iffs") and Defendants NAGARRO, INC. ("Nagarro") and T-SYSTEMS ENTERPRISE SERVICES GmbH ("T-Systems"), through their respective counsel of record, and pursuant to Civil Local Rule 6-2, that the dates set forth in the Scheduling Order filed July 9, 2009 (Docket No. 55) be modified as follows: ///// ///// RC1/5370722.1/NB 1 Amended Stipulation to Modify Scheduling Order Case No. C08-05633 JW (PVT) A C LI FO MICHAEL J. IOANNOU (SBN 95208) DANIEL P. MCKINNON (SBN 234749) ROPERS, MAJESKI, KOHN & BENTLEY 50 West San Fernando Street, Suite 1400 San Jose, CA 95113-2429 Telephone: (408) 287-6262 Facsimile: (408) 918-4501 Email: mioannou@rmkb.com dmckinno n@rmkb.com UNIT ED S S DISTRICT TE C TA mes Wa Judge Ja re R NIA DERED SO OR ED IT IS DIFI AS MO RT U O NO RT H 1 2 3 4 5 6 7 8 9 10 Ropers Majeski Kohn & Bentley 11 A Professional Corporation San Jose Close of All Discovery Last Date for Hearing Dispositive Motions (Sixt y days after the close of all discovery.) Preliminary Pretrial Conference at 11 a.m. (Thirty days before the close of all discovery.) Preliminary Pretrial Conference Statements (Due 10 days before the conference.) July 22, 2010 September 20, 2010 June 22, 2010 June 11, 2010 The parties stipulate to the modification of the Scheduling Order because they have scheduled an early mediation for September 23, 2009, with The Honorable Peter G. Stone (Ret.) of JAMS. This mediation may resolve some or all of the disputes herein, thereby eliminating the need for the parties to use judicial resources and incur substantial and potentially unnecessary costs related to discovery. The parties have exchanged initial disclosures and it is apparent from the number of witnesses, who are located throughout the United States, India, Switzerland, Germany, and other countries, as well as the complexity of the issues related to source code and other intellectual property that form the basis for Plaintiffs' claims, that the parties will not have sufficient time to complete discovery by March 22, 2010, the date currently scheduled for discovery to close. Further, although the parties have agreed to work together to facilitate discovery, it is foreseeable that coordinating the schedules of the attorneys, clients, and other percipient witnesses for depositions both here and abroad will add to the reasonable time the parties will need to complete discovery. Service of process on non-party witnesses located abroad through the Hague Convention, letters rogatory, or other methods for procuring documents and testimony abroad, will also add to the amount of time required to complete discovery. Finally, under the current Scheduling Order, the parties would have to engage in substantial and costly discovery prior to the September 23, 2009 mediation which, if postponed until after the mediation, will serve as an additional incentive for the parties to resolve some or all of their disputes at the mediation. The parties have been working together to secure an early -2Amended Stipulation to Modify Scheduling Order RC1/5370722.1/NB 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. C08-05633 JW (PVT) 1 2 3 4 5 6 7 8 9 10 Ropers Majeski Kohn & Bentley 11 A Professional Corporation San Jose mediat ion date. The date of September 23, 2009, was the first date that was available for the mediator, counsel, client representatives, and their insurers. The parties have previously stipulated regarding filing and responding to Plaintiffs' First Amended Complaint ("FAC"), which was filed August 4, 2009 (Docket No. 61). Defendants TSystems and Nagarro filed answers to the FAC on August 10, 2009 (Docket No. 62) and August 24, 2009 (Docket No. 63). The proposed stipulated Scheduling Order tracks the current Scheduling Order by extending all dates by approximately four months. This will provide the parties a reasonable opportunity to resolve some or all of the disputes through mediation, and if necessary, complete discovery relating to any remaining issues by July 22, 2010. The parties expect to be ready for trial in the Fall of 2010. There is currently no trial date set. IT IS SO STIPULATED: Dated: August 27, 2009 ROPERS, MAJESKI, KOHN & BENTLEY 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: /s/ Michael J. Ioannou MICHAEL J. IOANNOU Attorneys for Defendant NAGARRO, INC. Dated: August 27, 2009 DHILLON & SMITH LLP By: /s/ Harmeet K. Dhillon HARMEET K. DHILLON Attorneys for Plaintiffs SIGMA SIX TECHNOLOGIES, INC. and SIGMA SIX CONSULTING LLC -3RC1/5370722.1/NB Amended Stipulation to Modify Scheduling Order Case No. C08-05633 JW (PVT) 1 2 3 4 5 6 7 8 9 10 Ropers Majeski Kohn & Bentley 11 A Professional Corporation San Jose Dated: August 27, 2009 BROOKS, WILKINS, SHARKEY & TURCO By: /s/ Michael R. Turco MICHAEL R. TURCO (Admitted Pro Hac Vice) Attorneys for Defendant T-SYSTEMS ENTERPRISE SERVICES GmbH I, Michael J. Ioannou, am the ECF user whose identification and password are being used to file this stipulation. In compliance with General Order 45.X.B, I hereby attest that the other signatories have concurred in this filing. Dated: August 27, 2009 ROPERS, MAJESKI, KOHN & BENTLEY 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: /s/ Michael J. Ioannou MICHAEL J. IOANNOU Attorneys for Defendant NAGARRO, INC. //// //// //// //// //// //// //// //// //// //// //// //// -4RC1/5370722.1/NB Amended Stipulation to Modify Scheduling Order Case No. C08-05633 JW (PVT) 1 2 3 4 5 6 7 8 9 10 Ropers Majeski Kohn & Bentley 11 A Professional Corporation San Jose [PROPOSED] ORDER Pursuant to the above stipulation, IT IS HEREBY ORDERED that the dates set forth in the Scheduling Order filed July 9, 2009 (Docket No. 55) are modified as follows: Close of All Discovery Last Date for Hearing Dispositive Motions (Sixty days after the close of all discovery.) Preliminary Pretrial Conference at 11 a.m. (Thirty days before the close of all discovery.) Preliminary Pretrial Conference Statements (Due 10 days before the conference.) M y 24, 2010 Julay22, 2010 Jul t mb 2010 2010 Sepye12, er 20, at 9 a.m. JAne i22, 2010 u pr l 26, 2010 Jupe i11, 2010 An r l 16, 2010 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 1, 2009 JAMES WARE United States District Judge -5RC1/5370722.1/NB Amended Stipulation to Modify Scheduling Order Case No. C08-05633 JW (PVT)

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