Auction Acceleration Corp. v. eBay Inc. et al

Filing 52

ORDER GRANTING (51 in 5:14-cv-04045-EJD, 49 in 5:14-cv-04046-EJD) STIPULATION WITH PROPOSED ORDER to Further Continue Case Management Conference Pending Settlement filed by Vendio Services, Inc. Joint Case Management Statement due by 7/2/2015. Case Management Conference set for 7/9/2015 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 6/19/2015. (ecg, COURT STAFF) (Filed on 6/19/2015)

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Michael E. Zeliger (SBN 271118)
[e-mail]
Jackson Ho (SBN 270695)
[e-mail]
Ranjini Acharya (SBN 290877)
[e-mail]
K&L GATES LLP
630 Hansen Way
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: 650.798.6701
David A. Simons (pro hac vice)
[e-mail]
K&L GATES LLP
One Lincoln Street
Boston, MA 02111
Telephone: [phone]
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:

June 25, 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, June 25, 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 a short

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further continuance of the Case Management Conference by two weeks, to provide the parties

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additional time to 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 July 9, 2015 at 10:00 a.m., with joint case management statements to be filed with the

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Court by July 2, 2015. In the event settlement is reached by the parties and dismissals are filed with

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the Court on or before July 9, 2015, the Case Management Conference will automatically be removed

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from the Court’s calendar.

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IT IS SO STIPULATED.

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Dated: June 18, 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: June 18, 2015

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Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant EBAY INC.

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/s/ Jennifer S. Coleman
John V. Picone III, Bar No. 187226
[e-mail]
Jennifer S. Coleman, Bar No. 213210
[e-mail]
Aleksandr Korzh, Bar No. 286613
[e-mail]
HOPKINS & CARLEY
A Law Corporation
The Letitia Building
70 South First Street
San Jose, CA 95113-2406

Dated: June 18, 2015

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/s/ Timothy Grochocinski
W. Paul Schuck, (SBN 203717)
[e-mail]
Sony B. Barari, (SBN 243379)
[e-mail]
BARTKO, ZAMKEL, BUNZEL & MILLER
A Professional Law Corporation
One Embarcadero Center, Suite 800
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Timothy E. Grochocinski (pro hac vice)
[e-mail]
Joseph P. Oldaker (pro hac vice)
[e-mail]
15020 S. Ravinia Ave. Suite 29
Orland Park, Illinois 60462
Telephone: [phone]
Facsimile: (708 (675-1786

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Attorneys for Plaintiff AUCTION
ACCELERATION CORP.

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CERTIFICATION PURSUANT TO CIV. L.R. 5-1(i)(3)

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Pursuant to Civil Local Rule 5-1(i)(3), I hereby certify that concurrence in the filing of this
document has been obtained from the signatories for whom a signature is indicated by a conformed
signature (/s/). I have on file records to support this concurrence for production for the Court if so
ordered.
Dated: June 18, 2015

/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:
The Case Management Conference currently scheduled for June 25, 2015 is continued to July

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9, 2015, at 10:00 a.m., with joint case management statements to be filed with the Court by July 2,

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2015. In the event settlement is reached by the parties and dismissals are filed with the Court on or

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before July 9, 2015, the Case Management Conference will automatically be removed from the

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Court’s calendar.

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Date:

6/19/2015

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