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: jhodas@lbbslaw.com
221 North Figueroa Street, Suite 1200
5 Los Angeles, California 90012
Telephone: 213.250.1800
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
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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
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[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)
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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:
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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
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24
Rule 26(f) Report;
25
Initial Disclosures;
26
Case Management
27
Statement.
August 3, 2012
LEWIS
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ATIORNEYS AT LAW
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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
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6
By:
7
8
/s/ Michael E. Dergosits
Michael E. Dergosits
Attorneys for Plaintiff Impeva Labs, Inc.
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10
11 DATED: May 14, 2012
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13
DANIEL C. DECARLO
THOMAS S. KIDDE
JOSHUA S. RODAS
LEWIS BRISBOIS BISGAARD & SMITH LLP
14
15
By:
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17
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19
20
21
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/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.
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25
Dated: May 15,2012
, 2012
26
Honorable Edward J. Davila
U.S. District Court Judge
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LEWIS
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4850·1532·5967.1
[PROPOSED] ORDER GRANTING SECOND EXTENSION OF TIME FOR CASE MANAGEMENT
CONFERENCE AND RELATED DATES
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