Oracle America, Inc. v. Innovative Technology Distributors, LLC

Filing 48

ORDER re 47 Adopting Joint Stipulation for Two-Day Extension of Briefing Schedule. Signed by Judge Koh on 5/3/2011. (lhklc3, COURT STAFF) (Filed on 5/3/2011)

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Valerie M. Wagner (State Bar No. 173146)
Jill F. Kopeikin (State Bar No. 160792)
GCA LAW PARTNERS LLP
1891 Landings Drive
Mountain View, CA 94043
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Michael J. Hahn (Pro Hac Vice)
Jason Halper (Pro Hac Vice)
LOWENSTEIN SANDLER PC
65 Livingston Ave.
Roseland, NJ 07068
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
INNOVATIVE TECHNOLOGY DISTRIBUTORS, LLC

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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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ORACLE AMERICA, INC.,

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Plaintiff,

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vs.

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INNOVATIVE TECHNOLOGY
DISTRIBUTORS, LLC,

No. 11-CV-01043 LHK
STIPULATION AND [PROPOSED]
ORDER CHANGING BRIEFING
SCHEDULE FOR MOTION TO
DISQUALIFY CERTAIN COUNSEL
(CIVIL LOCAL RULES 6-2; 6-3)

Defendant.

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STIPULATION AND [PROPOSED] ORDER CHANGING BRIEFING SCHEDULE
FOR MOTION TO DISQUALIFY CERTAIN COUNSEL; CASE NO. 11-CV-01043 LHK
GCA Law Partners LLP
1891 Landings Drive
Mountain View, CA 94043
[phone]

WHEREAS, Plaintiff Oracle America, Inc. (“Oracle”) filed a motion to disqualify

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certain counsel on April 8, 2011 (Docket No. 38), which is set for hearing on July 21,

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2011;
WHEREAS, Oracle brought a motion for administrative relief to advance the

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hearing date on the motion to disqualify certain counsel on April 14, 2008;
WHEREAS, the Court denied Oracle’s motion to advance the hearing date on the

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motion to disqualify on April 18, 2011, but set an expedited briefing schedule wherein the

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opposition by Innovative Technology Distributors, LLC (“ITD”) to the motion to

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disqualify is due by May 4, 2011, and the reply by Oracle is due by May 11, 2011 (Docket

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No. 45);
WHEREAS, one of the lead attorneys for ITD, Jason Halper, will be largely

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unavailable through May 5, 2011 due to a two-day evidentiary hearing in another matter;

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WHEREAS, the parties have agreed to a short extension of the briefing schedule

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for the motion to disqualify by two days in order to accommodate Mr. Halper’s schedule

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so that he can participate in the preparation of ITD’s opposition;

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WHEREAS, a two-day extension of the briefing schedule on the motion to

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disqualify certain counsel should not have any effect on the hearing date of July 21, 2011

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or the possible earlier consideration of the motion by the Court;
NOW, THEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN THE

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PARTIES HERETO THROUGH THEIR RESPECTIVE COUNSEL, AS FOLLOWS:
1.

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ITD shall have until May 6, 2011, to file an opposition to the motion to

disqualify certain counsel.
2.

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Oracle shall have until May 13, 2011, to file a reply to the opposition to the

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///

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///

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///

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GCA Law Partners LLP
1891 Landings Drive
Mountain View, CA 94043
[phone]

motion to disqualify.

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STIPULATION AND [PROPOSED] ORDER CHANGING BRIEFING SCHEDULE
FOR MOTION TO DISQUALIFY CERTAIN COUNSEL; CASE NO. 11-CV-01043 LHK

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Dated: May 3, 2011

GCA LAW PARTNERS LLP

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____/s/ Valerie M. Wagner________________
Valerie M. Wagner

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Attorneys for Defendant Innovative
Technology Distributors, LLC

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Dated: May 3, 2011

HOLMES ROBERTS & OWEN LLP

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____/s/ Meryl Macklin___________________
Meryl Macklin
Attorneys for Plaintiff Oracle America, Inc.

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GCA Law Partners LLP
1891 Landings Drive
Mountain View, CA 94043
[phone]

STIPULATION AND [PROPOSED] ORDER CHANGING BRIEFING SCHEDULE
FOR MOTION TO DISQUALIFY CERTAIN COUNSEL; CASE NO. 11-CV-01043 LHK

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ATTESTATION

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I, Valerie M. Wagner, am counsel for Defendant Innovative Technology

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Distributors, LLC. I am the registered ECF user whose username and password are being

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used to file this STIPULATION AND [PROPOSED] ORDER CHANGING BRIEFING

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SCHEDULE FOR MOTION TO DISQUALIFY CERTAIN COUNSEL. In compliance

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with General Order 45, Section X(B), I hereby attest that the above-identified counsel

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concurred in this filing.

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Dated: May 3, 2011

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GCA LAW PARTNERS LLP
By: /s/ Valerie M. Wagner
Valerie M. Wagner
Attorneys for Defendant Innovative
Technology Distributors, LLC

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GCA Law Partners LLP
1891 Landings Drive
Mountain View, CA 94043
[phone]

STIPULATION AND [PROPOSED] ORDER CHANGING BRIEFING SCHEDULE
FOR MOTION TO DISQUALIFY CERTAIN COUNSEL; CASE NO. 11-CV-01043 LHK

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ORDER

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IT IS HEREBY ORDERED THAT:

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This Court’s order dated April 18, 2011 (Docket No. 45) setting an expedited

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briefing schedule for Oracle’s motion to disqualify certain counsel is hereby modified as

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follows:

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1.

ITD shall have until May 6, 2011, to file an opposition to the motion to

disqualify certain counsel.
2.

Oracle shall have until May 13, 2011, to file a reply to the opposition to the

motion to disqualify.
May 3, 2011
Dated: _________________
LUCY H. KOH
UNITED STATES DISTRICT JUDGE

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GCA Law Partners LLP
1891 Landings Drive
Mountain View, CA 94043
[phone]

STIPULATION AND [PROPOSED] ORDER CHANGING BRIEFING SCHEDULE
FOR MOTION TO DISQUALIFY CERTAIN COUNSEL; CASE NO. 11-CV-01043 LHK

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