Actuate Corporation v. Finiti LLC

Filing 29

STIPULATION AND ORDER Extending Scheduled Dates and Granting Leave to File First Amended Answer to Complaint and Counter-Claims re 28 Stipulation. Deadline to Complete Mediation/ADR: 1/31/2012. Close of All Discovery due by 1/31/2012. Last Date fo r Hearing Dispositive Motions by 4/27/2012. Defendant shall file its First Amended Answer to Complaint and Counter-Claims as a separate docket entry on or before 10/7/2011. Signed by Judge Edward J. Davila on 10/5/2011. (ecg, COURT STAFF) (Filed on 10/5/2011) Modified text on 10/5/2011 (ecg, COURT STAFF).

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Jeffrey H. Lowenthal (State Bar No.111763)
Jan J. Klohonatz (State Bar No. 111718)
STEYER LOWENTHAL BOODROOKAS
ALVAREZ & SMITH LLP
One California Street, Third Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant Finiti Group LLC
LEE TRAN & LIANG APLC
James M. Lee (State Bar No. 192301)
Daniel J. Taylor (State Bar No. 241404)
601 S. Figueroa Street, Suite 4025
Los Angeles, CA 90017
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail],
[e-mail]
Attorneys for Plaintiff Actuate Corporation

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ACTUATE CORPORATION, a California
corporation

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Plaintiff,
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vs.
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FINITI LLC; and DOES 1 through 10,
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Defendants.
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____________________________________ )

CASE NO. 5:10-cv-02797-EJD
STIPULATION AND ORDER
EXTENDING SCHEDULED DATES
AND GRANTING LEAVE TO FILE
FIRST AMENDED ANSWER TO
COMPLAINT AND COUNTERCLAIMS; DECLARATION OF
JAN J. KLOHONATZ

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STIPULATION AND ORDER EXTENDING SCHEDULED DATES AND GRANTING LEAVE TO FILE FIRST
AMENDED ANSWER TO COMPLAINT AND COUNTER-CLAIMS; DECLARATION OF JAN J. KLOHONATZ
CASE NO. 5:10-cv-02707-EJD

By this stipulation and order the parties to the above-captioned action respectfully

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request (a) that defendant Finiti Group, LLC (“Finiti”) be granted leave to file a First Amended

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Answer to Complaint and Counter-Claims, and (b) that certain dates on the case schedule be

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extended for the reasons stated below. There is no trial date in this case and the only date

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currently on the Court’s calendar is a Preliminary Pretrial Conference set for December 16,

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2011. Accordingly, the parties stipulate as follows:
WHEREAS, upon reassignment of the above-captioned case to the Honorable Edward J.

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Davila, the Court on or about May 11, 2011 entered a Modified Scheduling Order;
WHEREAS, on or about July 29, 2011, this Court granted the parties request to make

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certain modifications to the case schedule;
WHEREAS, the only date currently on the Court’s calendar is a Preliminary Pretrial

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Conference set for December 16, 2011;
WHEREAS, the parties have already selected and retained a mediator and would like the

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opportunity to conduct a meaningful mediation;
WHEREAS, plaintiff Actuate Corporation has stipulated that Finiti may be granted leave

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to file a First Amended Answer to Complaint and Counter-Claims;
WHEREAS, certain discovery issues are pending which the parties are trying to work

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out, and have participated in an person meeting on August 31, 2011;

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WHEREAS, because of the witnesses’ and counsels’ schedules the parties have

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encountered difficulties setting certain critical depositions, some of which will require extensive

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travel;

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WHEREAS, the parties also have determined that further discovery, in addition to what

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previously was anticipated, will be necessary, including discovery relating to Finiti’s First

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Amended Answer to Complaint and Counter-Claims, in order to conduct a meaningful

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mediation, analyze and prepare dispositive motions, and prepare for trial;

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WHEREAS, the parties would like the opportunity to engage in a mediation sufficiently
in advance of other events in the case schedule to see whether the case can be resolved, thus
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STIPULATION AND ORDER EXTENDING SCHEDULED DATES AND GRANTING LEAVE TO FILE FIRST
AMENDED ANSWER TO COMPLAINT AND COUNTER-CLAIMS; DECLARATION OF JAN J. KLOHONATZ
CASE NO. 5:10-cv-02707-EJD

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making such other events unnecessary;
WHEREAS, the date for the last day to mediate has previously been modified twice by
stipulation and order and once by this Court’s Modified Scheduling Order;
WHEREAS, the other dates sought to be moved by this stipulation and order were

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modified in the Court’s Modified Scheduling Order and in the July 29, 2011 stipulation and

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order; and

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WHEREAS, the time modifications will not have a material effect on the schedule of the

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case because (a) a trial date has not yet been set, (b) the only date currently on the Court’s

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calendar – the December 16, 2011 Preliminary Pretrial Conference – will not be affected as the

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parties are not asking to move that date, and (c) the parties are asking only that the specified

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events be moved by no more than three (3) months, which will include the entire holiday season;

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NOW, THEREFORE, WITH GOOD CAUSE APPEARING, the parties, by and through

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their respective counsel, hereby stipulate and agree as follows:

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The case schedule may be modified as follows:

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Deadline for Completion of ADR/Mediation:

January 31, 2012

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Close of All Discovery:

January 31, 2012

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Last Date for Hearing Dispositive Motions:

April 27, 2012

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Finiti may file a First Amended Answer to Complaint and Counter-Claims in the form

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attached hereto as Exhibit A. Plaintiff expressly reserves the right to bring any Motion to

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Dismiss or Strike the proposed First Amended Answer to Complaint and Counter-Claims and/or

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any of the causes of action or allegations alleged therein.

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Dated: September 29, 2011

STEYER LOWENTHAL BOODROOKAS
ALVAREZ & SMITH LLP

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By: /s/ Jan J. Klohonatz
Jeffrey H. Lowenthal
Jan J. Klohonatz
Attorneys for Defendant Finiti Group, LLC

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STIPULATION AND ORDER EXTENDING SCHEDULED DATES AND GRANTING LEAVE TO FILE FIRST
AMENDED ANSWER TO COMPLAINT AND COUNTER-CLAIMS; DECLARATION OF JAN J. KLOHONATZ
CASE NO. 5:10-cv-02707-EJD

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Dated: September 29, 2011

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LEE TRAN & LIANG APLC
By: /s/ Daniel Taylor
Daniel Taylor
Attorneys for Plaintiff Actuate Corporation

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Defendant shall file its First Amended Answer to Complaint and Counter-Claims as a separate
docket entry on or before October 7, 2011.

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Dated: October 5, 2011

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____________________________________
EDWARD J. DAVILA
DISTRICT COURT JUDGE

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STIPULATION AND ORDER EXTENDING SCHEDULED DATES AND GRANTING LEAVE TO FILE FIRST
AMENDED ANSWER TO COMPLAINT AND COUNTER-CLAIMS; DECLARATION OF JAN J. KLOHONATZ
CASE NO. 5:10-cv-02707-EJD

DECLARATION OF JAN J. KLOHONATZ

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I, Jan J. Klohonatz, declare as follows:
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I am an attorney at law licensed to practice before all of the courts of the State

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of California and before this Court. I am an attorney at the law firm of Steyer Lowenthal

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Boodrookas Alvarez & Smith LLP, attorneys of record for Defendant Finiti Group, LLC in the

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above-referenced matter. I make this Declaration of my own personal knowledge, and if called

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as a witness, I would and could testify competently to the matters stated herein. I make this

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declaration in support of the Stipulation and Order Extending Scheduled Dates and Granting

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Leave to File First Amended Answer to Complaint and Counter-Claims.

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2.

Upon reassignment of the above-captioned case to the Honorable Edward J.

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Davila, the Court on or about May 11, 2011 entered a Modified Scheduling Order. On or about

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July 29, 2011, this Court granted the parties request to make certain modifications to the case

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schedule.

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3.

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Plaintiff Actuate Corporation has stipulated that Finiti may be granted leave to

file a First Amended Answer to Complaint and Counter-Claims.

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4.

The parties already have selected and retained a mediator.

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5.

Certain discovery issues are pending which the parties are trying to work out,

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and have participated in an person meeting on August 31, 2011. Because of the witnesses’ and

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counsels’ schedules the parties have encountered difficulties setting certain critical depositions,

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some of which will require extensive travel.

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The parties have determined that further discovery, in addition to what previously

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was anticipated, will be necessary, including discovery relating to Finiti’s First Amended

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Answer to Complaint and Counter-Claims, in order to conduct a meaningful mediation, analyze

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and prepare dispositive motions, and prepare for trial.

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The parties would like additional time to prepare for and engage in the mediation

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to, among other things, conduct all the necessary discovery and engage in discussion about

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resolution of the case in advance of the mediation. The parties also would like the opportunity

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STIPULATION AND ORDER EXTENDING SCHEDULED DATES AND GRANTING LEAVE TO FILE FIRST
AMENDED ANSWER TO COMPLAINT AND COUNTER-CLAIMS; DECLARATION OF JAN J. KLOHONATZ
CASE NO. 5:10-cv-02707-EJD

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to engage in a mediation sufficiently in advance of other events in the case schedule to see

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whether the case can be resolved, thus making such other events unnecessary.

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The date for the last day to mediate has previously been modified twice by

stipulation and order and once by this Court’s Modified Scheduling Order.
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The time modifications will not have a material effect on the schedule of the case

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because (a) a trial date has not yet been set, (b) the only date currently on the Court’s calendar –

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the December 16, 2011 Preliminary Pretrial Conference – will not be affected as the parties are

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not asking to move that date, and (c) the parties are asking only that the specified events be

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moved by no more than three (3) months, which will include the entire holiday season.

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I declare under penalty of perjury that the foregoing is true and correct. Executed this
29th day of September, 2011, at San Francisco, California.

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/s/ Jan J. Klohonatz
JAN J. KLOHONATZ

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F\Finiti\Pleadings\09-29-11 Stip and Order.doc

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STIPULATION AND ORDER EXTENDING SCHEDULED DATES AND GRANTING LEAVE TO FILE FIRST
AMENDED ANSWER TO COMPLAINT AND COUNTER-CLAIMS; DECLARATION OF JAN J. KLOHONATZ
CASE NO. 5:10-cv-02707-EJD

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CERTIFICATE OF SERVICE
I hereby certify that on September 29, 2011, I electronically filed the foregoing

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STIPULATION AND ORDER EXTENDING SCHEDULED DATES AND GRANTING

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LEAVE TO FILE FIRST AMENDED ANSWER TO COMPLAINT AND COUNTER-

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CLAIMS; DECLARATION OF JAN J. KLOHONATZ with the Clerk of the Court using the

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ECF system which will send notification of such filing to all attorneys of record registered for

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electronic filing.

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/s/ Linda Rorem
Linda Rorem

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STIPULATION AND ORDER EXTENDING SCHEDULED DATES AND GRANTING LEAVE TO FILE FIRST
AMENDED ANSWER TO COMPLAINT AND COUNTER-CLAIMS; DECLARATION OF JAN J. KLOHONATZ
CASE NO. 5:10-cv-02707-EJD