Impeva Labs, Inc., v. System Planning Corporation et al

Filing 31

ORDER Granting Second Extension of Time for Case Management Conference and Related Dates re 30 Proposed Order filed by System Planning Corporation. Signed by Judge Edward J. Davila on 5/15/2012. (ecg, COURT STAFF) (Filed on 5/15/2012)

1 LEWIS BRISBOIS BISGAARD & SMITH LLP
DANIEL C. DECARLO, SB# 160307
2
E-Mail: decarlo(al,lbbslaw.com
THOMAS S. KIDDE, SB# 61717
3
E-Mail: kidde(al,lbbslaw.com
JOSHUA S. HODAS, SB#250802
4
E-Mail: [e-mail]
221 North Figueroa Street, Suite 1200
5 Los Angeles, California 90012
Telephone: [phone]
6 Facsimile: 213.250.7900

7 Attorneys for Defendants System Planning
Corporation, System Plarmmg Corporation
8 d/b/a! Globaltrak, and Richard C. Meyers

9

UNITED STATES DISTRlCT COURT

10

FOR THE NORTHERN DISTRlCT OF CALIFORNIA

11

SAN JOSE DIVISION

12
13 IMPEVA LABS, INC.,

Plaintiff,

14

15

vs.

16 SYSTEM PLANNING
CORPORATION, SYSTEM
17 PLANNING CORPORATION D/B/A
GLOBALTRAK, AND RlCHARD C.
18 MEYERS

Civil Action No. 5:12-cv-00125-EJD
[PROPOSED] ORDER GRANTING
SECOND EXTENSION OF TIME
FOR CASE MANAGEMENT
CONFERENCE AND RELATED
DATES

Defendants.

19

20
21

IT IS HEREBY STIPULATED by and between the parties hereto pursuant to

22 Local Rule 7-12, and with the approval of this Court, that the ADR deadlines, Case
23 Management Conference and related dates, be extended from their presently noticed
24 dates based upon ilie following:
25

WHEREAS, on or about March 6, 2012 the parties submitted their first

26 stipulation to extend ilie time for the ADR deadlines as well as the Case
27 Management Conference ("CMC") and related dates, (Dkt. 21), and, on March 7,

LEWIS

28 2012, the Court denied the request on the grounds that Plaintiff's First Amended

BISGAARD
&SMITH UP

[PROPOSED] ORDER GRANTING SECOND E,X:TENSION OF TIME FOR CASE MANAGEMENT
CONFERENCE AND RELATED DATES

BRISBOIS
ATTORNE'fi AT LAW

4850·1532-5967.1

1 Complaint rendered Defendants' motion to dismiss

2 moot; and
3

WHEREAS, thereafter on or about April3, 2012 this Court, in response to the

4 parties' stipulation, granted the parties' request that the ADR deadlines and CMC
5 and related filing dates be continued due to the proximity with the hearing on
6 Defendants' Motion to Dismiss the First Amended Complaint and the CMC, both

7 scheduled for April27, 2012 (Dkt. 25); and
8
9

WHEREAS, as a result, the Court continued the CMC from April27 to June
1, the ADR deadlines from April6 to May 13 and the date for filing the Rule 26

10 Report, submission ofthe Initial Disclosures and the Case Management Statement

11 from April20 to May 26, 2012; and

12

WHEREAS, on April25, 2012 the Court continued the hearing on the

13 motion to dismiss from April27 to May 11, 2012 (Dkt. 28) and, thereafter, on May
14 8, 2012, vacated the hearing and took the motion under submission without oral
15 argument (Dkt. 29); and
16

WHEREAS, under the present schedule, the parties are to meet and confer

17 regarding the Case Management Statement on or before May 11, submit the ADR

18 Certification and Stipulation re ADR by May 14 (May 13 falling on a Sunday);
19 prepare and file the Rule 26 Report, Initial Disclosures and Case Management

20 Statement by May 26; and

21

WHEREAS, it is still the parties belief that preparation of the Case

22 Management Statement, Initial Disclosures and Rule 26 Report is premature at this
23 juncture for the following reasons: (1) the Court's decision with respect to
24 Defendants' motion to dismiss will have an impact upon virtually all of the filings in
25 preparation for the Case Management Conference insofar as the claims that will be
26 at issue, the discovery required as between the parties as well as third parties and
27 possibly the ADR that the pa.crties would select as being the most efficacious; (2)

LEWIS
BRISBOIS
BISGAARD
&SMITH UP
ATTORNE'f.> AT LAW

28 Defendants have not filed an answer to the First Amended Complaint, so any
4850-1532-5967.1

[PROPOSED] ORDER GRANTING SECOND EXTENSION OF TIME FOR CASE MANAGEMENT
CONFERENCE AND RELATED DATES

1 affirmative defenses it may assert must await the Court's decision on the motion; (3)

2 Defendants have made no determination as to any counterclaims or possible third

3 party complaints as such would await the decision of the Court on the motion to
4 dismiss; (4) the Court's determination of the motion to dismiss would also affect the
5 application of this Court's local patent rules to this action in the event that the Court
6 grants or denies the motion with respect to Plaintiff's causes of action for

7 declaratory relief as to non-infringement and invalidity of the patents of Defendant
8 System Planning Corporation;
9

Accordingly, even if the Court rules on the motion in the very near future, the

10 foregoing issues, including the need for Defendants' responsive pleading, lead the
11 parties to believe that to conserve judicial resources the CMC, should be continued

12 so as to permit this Court to rule on Defendants' motion and, thereafter, allow the
13 parties to prepare for the CMC based upon this Court's ruling and the pleading
14 placing the matter at issue.
15

The parties therefor respectfully request that the Case Management

16 Conference, and related filing deadlines as well as the ADR deadlines be revised as
17 set forth below:
18

19

Event

Present Date

New Date

20

CMC

June 1, 2012

August 3, 2012
August 10, 2012

21

22

ADR Deadlines

May 13,2012

July 13, 2012

May 26,2012

July 27, 2012

23
24

Rule 26(f) Report;

25

Initial Disclosures;

26

Case Management

27

Statement.

August 3, 2012

LEWIS

BRISBOIS
BISGAARD
&SMill-IUP
ATIORNEYS AT LAW

28
4850-1532-5967.1

[PROPOSED] ORDER GRANTING SECOND EXTENSION OF TIME FOR CASE MANAGEMENT
CONFERENCE AND RELATED DATES

1

IT IS SO STIPULATED.

2

3 DATED: May 14, 2012
4

MICHAEL E. DERGOSITS
IGOR SHOIKET
DERGOSITS & NOAH LLP

5
6
By:

7

8

/s/ Michael E. Dergosits
Michael E. Dergosits
Attorneys for Plaintiff Impeva Labs, Inc.

9

10
11 DATED: May 14, 2012

12

13

DANIEL C. DECARLO
THOMAS S. KIDDE
JOSHUA S. RODAS
LEWIS BRISBOIS BISGAARD & SMITH LLP

14
15

By:

16
17
18
19
20
21

22

/s/ Thomas S. Kidde
Thomas S. Kidde
Attorneys for Defendants System Planning
Corporation, System Planning Corporation
d/b/a! Globaltrak, and Richard C. Meyers

ORDER

GOOD CAUSE APPEARING, IT IS ORDERED that the Case Management
Conference, Initial Disclosure, Rule 26 Report and ADR deadlines are extended as
set forth in the above Stipulation.

23
24
25

Dated: May 15,2012
, 2012

26

Honorable Edward J. Davila
U.S. District Court Judge

27

LEWIS

BRISBOIS
BISGAARD
&SMIIHUP
ATTORNEYS AI lAW

28
4850·1532·5967.1

[PROPOSED] ORDER GRANTING SECOND EXTENSION OF TIME FOR CASE MANAGEMENT
CONFERENCE AND RELATED DATES