ZL Technologies, Inc. v. Gartner Group, Inc. et al

Filing 46

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 45 . Case Management Conference set for 4/9/2010 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 3/4/10. (dlm, COURT STAFF) (Filed on 3/5/2010)

1 KERR & WAGSTAFFE LLP James M. Wagstaffe (Bar No. 95535) 2 [e-mail] Michael Ng (Bar No. 237915) 3 [e-mail] Cherokee D.M. Melton (Bar No. 243265) 4 [e-mail] 100 Spear Street, 18th Floor 5 San Francisco, CA 94105 Telephone: [phone] [phone] 6 Facsimile: 7 Attorneys for Plaintiff ZL TECHNOLOGIES, INC. 8 9 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Robert P. Feldman (Bar No. 69602) [e-mail] 10 Justin B. Barnard (Bar No. 21660) [e-mail] 11 555 Twin Dolphin Drive, Fifth Floor 12 Redwood Shores, California 94065 Telephone: [phone] [phone] 13 Facsimile: 14 Attorneys for Defendants GARTNER, INC. and CAROLYN DICENZO 15 16 17 18 19 20 ZL TECHNOLOGIES, INC., 21 22 vs. Plaintiff, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CASE NO. 5:09-cv-02393-JF JOINT STIPULATION AND -----------------[PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

23 GARTNER, INC., and CAROLYN DICENZO 24 Defendants. 25 26 27 28
03441.51549/3349292.1

Case No. 5:09-cv-02393-JF JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME

1

Pursuant to Local Rule 6-2, Plaintiff ZL Technologies, Inc. ("ZL") and Defendants

2 Gartner, Inc. and Carolyn Dicenzo (collectively, "Gartner"), by and through their respective 3 counsel of record, hereby stipulate to continue the Case Management Conference scheduled for 4 March 5, 2010. 5 6 1. Reason for the Request

On February 12, 2010, the Court heard Defendant's Motion to Dismiss Plaintiff's First

7 Amended Complaint. The Court has not yet ruled on Defendant's Motion. The parties agree that a 8 Case Management Conference is unlikely to be productive until Defendant's Motion has been 9 decided and therefore seek to continue the Conference for a sufficient amount of time to allow the 10 Court to rule on the Motion. 11 12 2. Prior Time Modifications

There have been a number of prior time modifications. The Case Management Conference

13 has been continued four times, on July 21, 2009, October 19, 2009, December 3, 2009, and 14 December 16, 2009. Additionally, upon joint stipulations from the parties, the Court (1) on 15 September 1, 2009 continued the hearing date for Defendant's Motion to Dismiss and (2) on 16 December 16, 2009 continued the deadline for Defendants' response to the Amended Complaint and 17 the hearing date for Defendants' Motion to Stay Discovery (later withdrawn). 18 19 20 21 3. Effect of Requested Modification

The requested modification will have no effect on the rest of the schedule in this action. So Stipulated. NOW, THEREFORE, the parties to this action, through their respective counsel of record,

22 AGREE AND HEREBY STIPULATE, if agreeable to the Court, to continue the Case 23 Management Conference for one month, until April 9, 2010 at 10:30 a.m. 24 25 26 27 28
03441.51549/3349292.1

Case No. 5:09-cv-02393-JF -1JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME

1 2 3 4 5 6 7 DATED: March 2, 2010 8 9 10 11 12 13 PURSUANT TO STIPULATION, IT IS SO ORDERED. 14 15 4 16 DATED: March _____, 2010 17 18 19 20 21 22 23 24 25 26 27 28
03441.51549/3349292.1

DATED: March 2, 2010

KERR & WAGSTAFFE LLP

By /s/ Cherokee Melton Attorneys for Plaintiff ZL TECHNOLOGIES, INC. QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP

By /s/ Justin B. Barnard Attorneys for Defendants GARTNER, INC. and CAROLYN DICENZO

___________________________________________ Hon. Jeremy Fogel United States District Court Judge

Case No. 5:09-cv-02393-JF -2JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME

1 I, Justin B. Barnard, am the ECF User whose ID and password are being used to file this Joint 2 Stipulation and [Proposed] Order to Extend Time. In compliance with General Order 45, X.B., I 3 hereby attest that Cherokee Melton, counsel for plaintiff ZL Technologies, Inc., has concurred in 4 this filing. 5 6 DATED: March 2, 2010 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
03441.51549/3349292.1

QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP

By /s/ Justin B. Barnard Attorneys for Defendants GARTNER, INC. and CAROLYN DICENZO

Case No. 5:09-cv-02393-JF -3JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME