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)

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1 LEWIS BRISBOIS BISGAARD & SMITH LLP DANIEL C. DECARLO, SB# 160307 2 E-Mail: decarlo(al, THOMAS S. KIDDE, SB# 61717 3 E-Mail: kidde(al, JOSHUA S. HODAS, SB#250802 4 E-Mail: 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 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

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