Softvault Systems, Inc. v. CA, Inc.

Filing 39

ORDER by Judge Lucy H. Koh granting 38 Stipulation (lhklc2, COURT STAFF) (Filed on 10/2/2012)

Case5:12-cv-01940-LHK Document38 Filed10/01/12 Page1 of 4

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MATTHEW P. VAFIDIS (California Bar No. 103578)
HOLLAND & KNIGHT LLP
50 California Street, Suite 2800
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
[e-mail]

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JOSHUA C. KRUMHOLZ (pro hac vice)
BENJAMIN STERN (pro hac vice)
J. MITCHELL HERBERT, JR. (pro hac vice)
HOLLAND & KNIGHT LLP
10 St. James Ave.
Boston, MA 02116
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

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ATTORNEYS FOR DEFENDANT AND COUNTERCLAIMANT CA, INC.

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Holland & Knight LLP

50 California Street, 28th Floor
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
Case No. 5:12-CV-01940-LHK

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SOFTVAULT SYSTEMS, INC.
Plaintiff,

STIPULATED REQUEST AND
[PROPOSED] ORDER TO CONTINUE
DEADLINE TO SERVE INVALIDITY
CONTENTIONS

Defendant.

Complaint Filed:

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v.
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CA, INC.
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4/18/2012

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STIPULATED REQUEST TO CONTINUE I.C. DEADLINE

Case No.: 5:12-CV-01940-LHK

Case5:12-cv-01940-LHK Document38 Filed10/01/12 Page2 of 4

Defendant CA, INC. and Plaintiff SOFTVAULT SYSTEMS, INC. by and through their

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attorneys of record hereby stipulate as follows:
WHEREAS the deadline for CA, INC. to serve its Invalidity Contentions is October 1,

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2012;
WHEREAS, CA, INC. has requested from counsel for Plaintiff that the Deadline to serve its
Invalidity Contentions be continued for seven days, until October 8, 2012.
THEREFORE, counsel have met and conferred and agree that the Deadline be continued
and rescheduled from October 1, 2012 to October 8, 2012.

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Dated: October 1, 2012

/s/ J. Mitchell Herbert, Jr.
HOLLAND & KNIGHT LLP
J. Mitchell Herbert, Jr.
Attorney for Defendant
CA, INC.

Dated: October 1, 2012

/s/ Corby R. Vowell
Friedman, Suder & Cooke, P.C.
Corby R. Vowell
Attorney for Plaintiff
SOFTVAULT SYSTEMS, INC.

Holland & Knight LLP

50 California Street, 28th Floor
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

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ATTESTATION REGARDING CONCURRENCE
Pursuant to General Order No. 45.X.B., the below filer attests that concurrence in the filing
of this document has been obtained from the above Signatory.

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Dated: October 1, 2012

/s/ J. Mitchell Herbert, Jr.
Attorney for Defendant CA, Inc.

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-2STIPULATED REQUEST TO CONTINUE I.C. DEADLINE

Case No.: 5:12-CV-01940-LHK

Case5:12-cv-01940-LHK Document38 Filed10/01/12 Page3 of 4

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DECLARATION OF J. MITCHELL HERBERT, JR.

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I, J. Mitchell Herbert, Jr., declare as follows:

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1.

I am an attorney with the law firm of Holland & Knight LLP, attorneys of record for

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Defendant CA, Inc. in this action. I make this declaration in support of this Stipulated Request to

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Continue Deadline To Serve Invalidity Contentions. I have personal knowledge of the facts set

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forth in this Declaration, and if called upon as a witness, I would testify competently and truthfully

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with respect to those facts.
2.

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On Monday, October 1, 2012, attorneys for all parties met and conferred via email

Contentions until October 8, 2012 was acceptable and would not prejudice either party. This

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Holland & Knight LLP

and mutually agreed that a continuance of the deadline for CA, Inc. to serve its Invalidity

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50 California Street, 28th Floor
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

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request was made by counsel for CA, Inc., and was agreed to by counsel for SoftVault Systems,

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Inc.

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I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.

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Dated: October 1, 2012

/s/ J. Mitchell Herbert, Jr.
J. Mitchell Herbert, Jr.

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STIPULATED REQUEST TO CONTINUE I.C. DEADLINE

Case No.: 5:12-CV-01940-LHK

Case5:12-cv-01940-LHK Document38 Filed10/01/12 Page4 of 4

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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SOFTVAULT SYSTEMS, INC.,

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Plaintiff,

Holland & Knight LLP

vs.

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50 California Street, 28th Floor
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

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CA, INC.,

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Defendant.

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) Case No.: 5:12-CV-01940-LHK
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) ORDER
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After reviewing the stipulation filed by all parties and upon good cause, the Court orders

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that the deadline for CA, INC. to serve its Invalidity Contentions be continued from October 1,

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2012 to October 8, 2012.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: October ___, 2012

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United States District Court
Hon. Lucy H. Koh

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-1ORDER

Case No.: 5:12-CV-01940-LHK