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

Filing 43

ORDER GRANTING 42 STIPULATION FOR FOURTH EXTENSION OF TIME. Case Management Statement due by 1/25/2013. Case Management Conference set for 2/1/2013 10:00 AM in Courtroom 4, 5th Floor, San Jose. Signed by Judge Edward J. Davila on 10/31/2012. (ejdlc1, COURT STAFF) (Filed on 10/31/2012)

Download PDF
2 3 4 5 6 MICHAEL E. DERGOSITS (State Bar No. 118206) IGOR SHOIKET (State Bar No. 190066) DERGOSITS & NOAH LLP Three Embarcadero Center, Suite 410 San Francisco, CA 94111 Telephone: (415) 705-63 77 Facsimile: (415) 750-6383 Email: mdergosits@dergnoah.com Email: ishoiket@dergnoah.com Attorneys for Plaintiff IMPEV A LABS, INC. 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION 10 11 12 13 14 15 16 17 18 19 20 IMPEV A LABS, INC., Plaintiff, ) Civil Action No.: 5:12-cv-00125-EJD ) ) ) ) ) vs. ) SYSTEM PLANNING CORPORATION, SYSTEM PLANNING CORPORATION D/B/A ) GLOBAL TRAK AND RICHARD C. MEYERS ) ) ) Defendants. ) ) ) ) ) ) [PROPOSED] ORDER GRANTING FOURTH EXTENSION OF TIME FOR CASE MANAGEMENT CONFERENCE AND RELATED DATES _____________________________) 21 22 23 IT IS HEREBY STIPULATED by and between the parties hereto pursuant to 24 Local Rule 7-12, and with the approval ofthis Court, that the ADR deadlines, Case 25 Management Conference and related dates, be extended from their presently noticed 26 dates based upon the following: 27 -1- 28 STIPULATION AND [PROPOSED] ORDER GARNTING FOURTH EXTENSION OF TIME FOR CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES Civil Action No.: 5:12-cv-00125-EJD WHEREAS, on or about March 6, 2012 the parties submitted their first 2 stipulation to extend the time for the ADR deadlines as well as the Case Management 3 Conference ("CMC") and related dates, (Dkt. 21 ), and, on March 7, 2012, the Court 4 denied the request on the grounds that Plaintiff's First Amended Complaint rendered 5 Defendants' motion to dismiss moot; and 6 7 8 WHEREAS, thereafter on or about April 3, 2012 this Court, in response to the parties' stipulation, granted the parties' request that the ADR deadlines and CMC and related filing dates be continued due to the proximity with the hearing on Defendants' 9 10 11 Motion to Dismiss the First Amended Complaint and the CMC, both scheduled for April 27, 2012 (Dkt. 25); and 12 WHEREAS, as a result, the Court continued the CMC from April 27 to June 1, 13 the ADR deadlines from April 6 to May 13 and the date for filing the Rule 26 Report, 14 submission of the Initial Disclosures and the Case Management Statement from April 15 20 to May 26, 20 12; and 16 WHEREAS, on April25, 2012 the Court continued the hearing on the motion 17 to dismiss from April 27 to May 11, 2012 (Dkt. 28) and, thereafter, on May 8, 2012, 18 vacated the hearing and took the motion under submission without oral argument 19 (Dkt. 29); 20 21 22 23 24 25 WHEREAS, on May 15, 2012, pursuant to the parties' stipulation, the Court entered its order (Dkt. 31) ordering the ADR deadline to be continued to July 13, 2012, the Rule 26(f) Report, Initial Disclosures and Case Management Statement to August 3 and the CMC to August 10, 20 12; WHEREAS, on July 18, 2012, pursuant to the parties' stipulation, the Court entered its order (Dkt. 33) ordering the ADR deadline to be continued to October 5, 26 27 2012, the Rule 26(f) Report, Initial Disclosures and Case Management Statement to -2- 28 STIPULATION AND [PROPOSED] ORDER GARNT!NG FOURTH EXTENSION OF TIME FOR CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES Civil Action No.: 5: 12-cv-00125-EJD November 2 and the CMC to November 9, 2012; 2 WHEREAS, on August 23, 2012, the Court issued its Order Granting in Part 3 and Denying in Part Defendants' Motion to Dismiss the First Amended Complaint 4 (Dkt. 34); 5 6 7 8 9 WHEREAS, on September 4, 2012, Plaintiff filed its Second Amended Complaint (Dkt. 3 5); WHEREAS, on September 21,2012, Defendants filed Defendants' Motion to Dismiss the Third Cause of Action of the Second Amended Complaint F.R.C.P. 12(B)(l) and 12(B)(6) with a hearing date of December 14, 2012 (Dkt. 36); 10 11 12 13 14 WHEREAS, under the present schedule, the parties are to meet and confer regarding the Case Management Statement on or before November 2, prepare and file the Rule 26 Report, Initial Disclosures and Case Management Statement by Novembe 2, and attend the Case Management Conference on November 9, 2012; and 15 WHEREAS, it continues to be the parties belief that preparation of the Case 16 Management Statement, Initial Disclosures and Rule 26 Report is premature at this 17 juncture for the following reasons: (1) the Court's decision with respect to 18 Defendants' motion to dismiss will have an impact upon virtually all of the filings in 19 preparation for the Case Management Conference insofar as the claims that will be at 20 issue, and the discovery required as between the parties as well as third parties; (2) 21 Defendants have not filed an answer to the Second Amended Complaint, so any 22 affirmative defenses it may assert must await the Court's decision on the motion; and 23 (3) Defendants have made no determination as to any counterclaims or possible third 24 25 26 party complaints as such would await the decision of the Court on the motion to dismiss; Accordingly, the foregoing issues, including the need for Defendants' 27 -3- 28 STIPULATION AND [PROPOSED] ORDER GARNTING FOURTH EXTENSION OF TIME FOR CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES Civil Action No.: 5:12-cv-00125-EJD responsive pleading, lead the parties to believe that to conserve judicial resources the 2 CMC should be continued so as to permit this Court to rule on Defendants' motion 3 and, thereafter, allow the parties to prepare for the CMC based upon this Court's 4 ruling and the pleadings placing the matter at issue. 5 6 The parties therefore respectfully request that the Case Management Conference, and related filing deadlines be revised as set forth below: 7 8 Event Present Date CMC November 9, 2012 9 10 New Date February 1, 2013 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 -4- 28 STIPULATION AND [PROPOSED] ORDER GARNTING FOURTH EXTENSION OF TIME FOR CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES Civil Action No.: 5:12-cv-00125-EJD 2 Rule 26(f) Report; 3 Initial Disclosures; 4 Case Management 5 Statement. November 2, 2012 January 25, 2013 6 7 IT IS SO STIPULATED. 8 9 Dated: October 30, 2012 10 11 12 13 14 /s/ Michael E. Dergosits MICHAEL E. DERGOSITS (State Bar No. 118206) IGOR SHOIKET (State Bar No. 190066) DERGOSITS & NOAH LLP Three Embarcadero Center, Suite 410 San Francisco, CA 94111 Telephone: (415) 705-6377 Facsimile: (415) 750-6383 Email: mdergosits@dergnoah.com Email: ishoiket@dergnoah.com Attorneys for Plaintiff IMPEVA LABS, INC. 15 16 Dated: October 30, 2012 17 18 19 20 21 /s/ Thomas S. Kidde DANIEL C. DECARLO (State Bar No. 160307) THOMAS S. KIDDE (State Bar No. 61717) LEWIS BRISBOIS BISGAARD & SMITH LLP 221 North Figueroa Street, Suite 1200 Los Angeles, CA 90012 Telephone: (213) 250-1800 Facsimile: (213) 250-7900 Email: decarlo~lbbslaw.com Email: kidde@fbbslaw.com Attorneys for DEFENADNTS SYSTEM PLANNING CORPORATION, SYSTEM PLANNING CORPORATION D/B/A GLOBAL TRAK AND RICHARD C. MEYERS 22 23 24 25 26 PURSUANT TO STIPULATION, IT IS SO ORDERED. 27 -5- 28 STIPULATION AND [PROPOSED] ORDER GARNTING FOURTH EXTENSION OF TIME FOR CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES Civil Action No.: 5:12-cv-00125-EJD 31 Dated: October_, 2012 2 Hon. Edward J. Davila, U.S. District Court Judge 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6STIPULATION AND [PROPOSED] ORDER GARNTING FOURTH EXTENSION OF TIME FOR CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES Civil Action No.: 5:12-cv-00125-EJD ATTESTATION 2 3 I hereby attest pursuant to General Order 45.X.B. that concurrence in the electronic filing of this document has been obtained from each of the signatories. 4 5 Dated: October 30, 2012 Is/ Michael E. Dergosits 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7STIPULATION AND [PROPOSED] ORDER GARNTING FOURTH EXTENSION OF TIME FOR CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES Civil Action No.: 5:12-cv-00125-EJD CERTIFICATE OF SERVICE 2 3 I hereby certify that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's ECF System 4 5 Dated: October 30, 2012 /s/ Michael E. Dergosits 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8STIPULATION AND [PROPOSED] ORDER GARNTING FOURTH EXTENSION OF TIME FOR CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES Civil Action No.: 5:12-cv-00125-EJD

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?