Schulz v. Cisco Webex, LLC et al

Filing 65

ORDER re 64 Notice of Settlement; GRANTING Stipulation Vacating Pending Dates. The Case Management Conference in this case remains scheduled for August 14, 2014 at 1:30 p.m. in Courtroom 3, 5th Floor, San Jose Courthouse. On or before August 7, 2014, the parties shall file a stipulation of dismissal or a joint case management conference statement. Signed by Hon. Beth Labson Freeman on 7/16/2014. (blflc2, COURT STAFF) (Filed on 7/16/2014)

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Krista M. Enns (SBN: 206430)
[e-mail]
Yelitza V. Dunham (SBN: 215454)
[e-mail]
Scotia J. Hicks (SBN: 252647)
[e-mail]
101 California Street
San Francisco, CA 94111-5802
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
CISCO WEBEX LLC

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101 California Street
San Francisco, CA 94111-5802

UNITED STATES DISTRICT COURT

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Winston & Strawn LLP

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE COURTHOUSE

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ML, INC.,

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Plaintiff,
v.
CISCO WEBEX LLC.
Defendant.

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Case No. 5:13-CV-04987-BLF-PSG
NOTICE OF SETTLEMENT AND
STIPULATION AND [PROPOSED]
ORDER VACATING PENDING DATES

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NOTICE OF SETTLEMENT AND STIPULATION AND [PROPOSED] ORDER VACATING PENDING DATES
CASE NO. 5:13-CV-04987-BLF-PSG

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The Parties hereby notify the Court that this matter has settled, that they are in the process of
finalizing settlement documentation, and thereafter will seek dismissal of this case with prejudice.
WHEREAS, Defendant Cisco WebEx LLC (“WebEx”) filed its Motion to Dismiss the
Second Amended Complaint (“Motion to Dismiss,” Docket Entry No. 63) on June 27, 2014;

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WHEREAS, WebEx noticed the Motion to Dismiss for August 14, 2014;

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WHEREAS, Plaintiff ML, Inc.’s deadline to oppose the Motion to Dismiss is July 11, 2014;

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WHEREAS, the Court ordered the Parties to complete ADR by July 30, 2014 (DE 62);

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WHEREAS, each of the following is rendered unnecessary because the parties have settled:

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(1) further briefing on the Motion to Dismiss; (2) a hearing on the Motion to Dismiss; and (3)

101 California Street
San Francisco, CA 94111-5802

Winston & Strawn LLP

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completion of ADR;

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THEREFORE IT IS STIPULATED AND HEREBY AGREED:

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1.

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The July 11, 2014 deadline for filing an opposition to WebEx’s Motion to Dismiss

(DE 63) should be vacated.
2.

The July 30, 2014 deadline for completing ADR (as set by order in DE 62) should be

vacated.
3.

The August 14, 2014 hearing date for WebEx’s Motion to Dismiss (DE 63) should be

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vacated.

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Dated: July 11, 2014

WINSTON & STRAWN LLP

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By:

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Dated: July 11, 2014

/s/ Krista M. Enns
Krista M. Enns
Yelitza V. Dunham
Scotia J. Hicks
Attorneys for Defendant
CISCO WEBEX LLC

BALLON STOLL BADER & NADLER, P.C.

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By:

/s/ Evan E. Richards
Marshall B. Bellovin
Evan E. Richards
Attorneys for Plaintiff
ML, INC.
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NOTICE OF SETTLEMENT AND STIPULATION AND [PROPOSED] ORDER VACATING PENDING DATES
CASE NO. 5:13-CV-04987-BLF-PSG

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LOCAL RULE 5-1 ATTESTATION
I, Krista M. Enns, am the ECF User whose ID and password was used to file this NOTICE

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OF SETTLEMENT AND STIPULATION AND [PROPOSED] ORDER VACATING DATES . In

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compliance with Local Rule 5-1(i)(3), I hereby attest that Evan E. Richards, counsel for Plaintiff,

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concurred in this filing.

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Dated: July 11, 2014

By: _/s/ Krista M. Enns_________
Krista M. Enns

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101 California Street
San Francisco, CA 94111-5802

Winston & Strawn LLP

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
The July 11, 2014 deadline to respond to Defendant’s Motion to Dismiss, the August 14,

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2014 hearing on Defendant’s Motion to Dismiss, and the July 30, 2014 deadline to complete ADR

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are all hereby VACATED pursuant to the parties’ stipulation.

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The Case Management Conference in this case remains scheduled for August 14, 2014 at

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1:30 p.m. in Courtroom 3, 5th Floor, San Jose Courthouse. On or before August 7, 2014, the parties

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shall file a stipulation of dismissal or a joint case management conference statement.

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IT IS SO ORDERED.

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Dated: July 16, 2014

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BETH LABSON FREEMAN
United States District Judge

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NOTICE OF SETTLEMENT AND STIPULATION AND [PROPOSED] ORDER VACATING PENDING DATES
CASE NO. 5:13-CV-04987-BLF-PSG