Enki Corporation v. Freedman et al

Filing 63

ORDER GRANTING STIPULATION AS MODIFIED. Signed by Judge Paul S. Grewal on December 30, 2014 re 62 . (psglc1S, COURT STAFF) (Filed on 12/30/2014)

HERRICK, FEINSTEIN LLP
1 David Feuerstein (admitted pro hac vice)
E-mail: [e-mail]
2 Maris a Leto (admitted pro hac vice)
E-mail: mleto@herricl<.com
3 Jessica Natbony (admitted pro hac vice)
E-mail: [e-mail]
4 2 Park Avenue
New York, New York 10016
5 Telephone: [phone]
6 KA WAHITO SHRAGA & WESTRICK LLP
David R. Shraga (SBN 229098)
7 E"mail: dshraga(@,kswlawyers.com
1990 S. Bund)' IYr. Ste. 280
8 Los An~eles, California 90025
Phone: [phone]
9 Facsimi e: (31 0) 593-2520
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Attorneys for PlaintiffENKI Corporation

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IN THE 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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ENKI CORPORATION (f/k/a ENKI,
LLC)
vs.

Plaintiff,

KEITH FREEDMAN, an individual,
FREEFORM TECHNOLOGIES, LLC,
a California limited liability company;
ZUORA, INC., a corporation of
unknown origin; and DOES 1 through
100,

Case No.: 5:13-cv-02201-PSQ
JOINT STATUS CONFERENCE
STATEMENT AND REQUEST FOR
BRIEF CONTINUANCE OF
CONFERENCE(PENDING
SUBSTITUTION OF NEW
COUNSEL)

Defendants.

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Joint Status Con f. Stmt and Request for Brief Continuance

CASE NO. 5: 13-cv-0220 1-PSG

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Plaintiff ENKI Corporation and Defendants Keith Freee;!man and FreeForm

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Technologies, LLC ("Freedman Defendants"), by and through their respective

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counsel of record, hereby submit this joint status conference statement and request

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for a brief continuance:

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1.

After this case was originally filed Plaintiff and one of the named

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Defendants, Zuora, Inc., agreed to arbitrate certain of their claims. The parties

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agreed to defer further prosecution of the matter in Federal Court pending the

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outcome of this arbitration.

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2.

The arbitration has now been resolved and Plaintiff and Zuora, Inc. have

recently filed dismissals with prejudice of the asserted claims against each other.
3.

The only parties to the case now are Plaintiff and the Freedman

Defendants.
4.

However, Plaintiff intends to substitute new counsel imminently and is

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was not able to finalize this process prior to the deadline to file this statement.
5.

Plaintiff therefore requests that the Court continue the currently pending

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January 6, 2015 status conference by a period of 30 days to allow time for

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Plaintiff to engage and substitute in new counsel.

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6.

This continuance is necessary so the new counsel can evaluate the

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matter, meet and confer with Defendants' counsel, and then advise the Court of

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Plaintiff's intentions and requests concerning scheduling moving fmward.

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7.

The Parties believe it would be inefficient for Plaintiff's cul1'ent counsel

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to engage in this process with opposing counsel now or address any scheduling

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issues with the Court given that new counsel will be appearing shortly.

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8.

The Freedman Defendants have agreed to the requested continuance.

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Joint Status Conf. Stmt and Request for Brief Continuance

-I -

CASE No. 5: 13-cv-0220 I-PSG

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9.

Plaintiff and the Freedman Defendants therefore stipulate and agree
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that the status conference shall be continued to February , 2015 at 10:00 a.m. or

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the next day thereafter on the Court's calendar that is available.

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IT IS SO STIPULATED.
The filer of this document attests that the concurrence in the filing of this
document has been obtained from the other signatories hereto.

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HERRICK, FEINSTEIN LLP
David Feuerstein (admitted pro hac vice)
Marisa Leto (adm1tted pro hac vice)
Jessica Natbony (admitted pro hac vice)

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By:

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DATED: December 30,2014

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KA WAHITO SHRAGA & WESTRICK LLP
David R. Shraga

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By:

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DATED: December 30,2014

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Is/

DREWPION'n

Attorneys for Defendants
Keith Freedman and FreeForm Technologies,
LLC

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DPA LAW GROUP
Drew Piunti
By:

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Is/

DAVID R. SHRAGA

Attorneys for Plaintiff
ENKI CORPORATION

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Is!

DAVID FEUERSTEIN

SO ORDERED.
Dated: December 30, 2014

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Joint Status Con f. Stmt and Request for Brief Continuance

__________________________________
PAUL S. GREWAL
United States Magistrate Judge
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CASE NO. 5:13-cv-02201-PSG