Auction Acceleration Corp. v. eBay Inc. et al
Filing
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ORDER GRANTING (47 in 5:14-cv-04046-EJD) STIPULATION WITH PROPOSED ORDER to Further Continue Case Management Conference Pending Settlement filed by Vendio Services, Inc., (49 in 5:14-cv-04045-EJD) STIPULATION WITH PROPOSED ORDER to Further Continue Case Management Conference Pending Settlement filed by Auctiva Corporation. Joint Case Management Statement due by 6/18/2015. Case Management Conference set for 6/25/2015 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 5/22/2015. (ecg, COURT STAFF) (Filed on 5/22/2015)
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Michael E. Zeliger (SBN 271118)
michael.zeliger@klgates.com
Jackson Ho (SBN 270695)
jackson.ho@klgates.com
Ranjini Acharya (SBN 290877)
ranjini.acharya@klgates.com
K&L GATES LLP
630 Hansen Way
Palo Alto, CA 94304
Telephone: 650.798.6700
Facsimile: 650.798.6701
David A. Simons (pro hac vice)
david.simons@klgates.com
K&L GATES LLP
One Lincoln Street
Boston, MA 02111
Telephone: 617.261.3100
Facsimile: 617.261.3175
Attorneys for Defendants AUCTIVA
CORPORATION and VENDIO SERVICES, INC.
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[Additional counsel listed on signature page]
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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AUCTION ACCELERATION CORP.,
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Plaintiff,
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v.
EBAY, INC., and AUCTIVA CORPORATION,
Case No.
Case No.
5:14-CV-04045 EJD
5:14-CV-04046 EJD
STIPULATION AND [PROPOSED]
ORDER TO FURTHER CONTINUE CASE
MANAGEMENT CONFERENCE
PENDING SETTLEMENT
Defendants.
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AUCTION ACCELERATION CORP.,
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Date:
Time:
Judge:
Courtroom:
May 28, 2015
10:00 a.m.
Hon. Edward J. Davila
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Plaintiff,
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v.
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EBAY, INC., and VENDIO SERVICES, INC.,
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Defendants.
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STIPULATION AND [PROPOSED] ORDER TO FURTHER CONTINUE CASE
MANAGEMENT CONFERENCE PENDING SETTLEMENT; CASE NO. 5:14-CV-04045
EJD AND 5:14-CV-04046 EJD
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Pursuant to Civ. L.R. 6-2, Plaintiff Auction Acceleration Corp. and Defendants eBay Inc.,
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Auctiva Corporation, and Vendio Services, Inc. by and through their attorneys of record, enter into
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this Stipulation and Proposed Order to Continue the Case Management Conference currently set for
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Thursday, May 28, 2015 at 10:00 a.m. in Courtroom 4, on the 5th Floor of the above-captioned court,
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before the Honorable Judge Edward J. Davila.
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Plaintiff and Defendants previously reached an agreement in principle to resolve all remaining
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issues in the case including Plaintiff’s claims for damages, royalties, and costs claimed in the lawsuit
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against Defendants. Counsel for all parties have engaged in diligent efforts to reach a written
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settlement agreement that resolves all remaining disputes in this case, but the parties have not yet
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finalized the settlement agreement. Accordingly, Defendants and Plaintiff have stipulated to further
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continue the Case Management Conference by one month, to provide the parties additional time to
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seek to document and finalize the settlement agreement.
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Defendant and Plaintiff request that the Court continue the Case Management Conference in
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this matter to June 25, 2015 at 10:00 a.m., with joint case management statements to be filed with the
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Court by June 18, 2015. In the event settlement is reached by the parties and dismissals are filed with
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the Court on or before June 25, 2015, the Case Management Conference will automatically be
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removed from the Court’s calendar.
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IT IS SO STIPULATED.
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Dated: May 22, 2015
By: /s/ Michael E. Zeliger
Michael E. Zeliger
David Simons
Jackson Ho
Ranjini Acharya
K&L GATES LLP
Attorneys for Defendants AUCTIVA
CORPORATION and VENDIO SERVICES,
Inc.
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STIPULATION AND [PROPOSED] ORDER TO FURTHER CONTINUE CASE
MANAGEMENT CONFERENCE PENDING SETTLEMENT; CASE NO. 5:14-CV-04045
EJD AND 5:14-CV-04046 EJD
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Dated: May 22, 2015
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Telephone: (408) 286-9800
Facsimile: (408) 998-4790
Attorneys for Defendant EBAY INC.
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Dated: May 22, 2015
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/s/ Joseph P. Oldaker
W. Paul Schuck, (SBN 203717)
pschuck@bzbm.com
Sony B. Barari, (SBN 243379)
sbarari@bzbm.com
BARTKO, ZAMKEL, BUNZEL & MILLER
A Professional Law Corporation
One Embarcadero Center, Suite 800
San Francisco, California 94111
Telephone: (415) 956-1900
Facsimile: (415) 956-1152
Timothy E. Grochocinski (pro hac vice)
teg@innovalaw.com
Joseph P. Oldaker (pro hac vice)
joldaker@innovalaw.com
15020 S. Ravinia Ave. Suite 29
Orland Park, Illinois 60462
Telephone: (708) 675-1975
Facsimile: (708 (675-1786
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Attorneys for Plaintiff AUCTION
ACCELERATION CORP.
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/s/ Jennifer S. Coleman
John V. Picone III, Bar No. 187226
jpicone@hopkinscarley.com
Jennifer S. Coleman, Bar No. 213210
jcoleman@hopkinscarley.com
Aleksandr Korzh, Bar No. 286613
akorzh@hopkinscarley.com
HOPKINS & CARLEY
A Law Corporation
The Letitia Building
70 South First Street
San Jose, CA 95113-2406
CERTIFICATION PURSUANT TO CIV. L.R. 5-1(i)(3)
Pursuant to Civil Local Rule 5-1(i)(3), I hereby certify that concurrence in the filing of this
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document has been obtained from the signatories for whom a signature is indicated by a conformed
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signature (/s/). I have on file records to support this concurrence for production for the Court if so
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ordered.
Dated: May 22, 2015
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/s/ Ranjini Acharya
Ranjini Acharya
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STIPULATION AND [PROPOSED] ORDER TO FURTHER CONTINUE CASE
MANAGEMENT CONFERENCE PENDING SETTLEMENT; CASE NO. 5:14-CV-04045
EJD AND 5:14-CV-04046 EJD
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PURSUANT TO STIPULATION, IT IS SO ORDERED:
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The Case Management Conference currently scheduled for May 28, 2015 is continued to June
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25, at 10:00 a.m., with joint case management statements to be filed with the Court by June 18, 2015.
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In the event settlement is reached by the parties and dismissals are filed with the Court on or before
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June 25, 2015, the Case Management Conference will automatically be removed from the Court’s
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calendar.
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Date: 5/22/2015
By:
Edward J. Davila
United States District Judge
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STIPULATION AND [PROPOSED] ORDER TO FURTHER CONTINUE CASE
MANAGEMENT CONFERENCE PENDING SETTLEMENT; CASE NO. 5:14-CV-04045
EJD AND 5:14-CV-04046 EJD
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