Heller v. Adobe Systems, Inc.

Filing 16

ORDER GRANTING STIPULATION to Continue Initial Case Management Conference and Adjust Certain Associated Deadlines Accordingly 14 . Case Management Statement due by 1/20/2016. Case Management Conference set for 1/27/2016 01:00 PM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 12/16/2015. (lmh, COURT STAFF) (Filed on 12/16/2015)

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ARNOLD & PORTER LLP
Michael A. Berta (SBN 194650)
[e-mail]
Carolyn A. Pearce (SBN 289681)
[e-mail]
Three Embarcadero Center, 10th Floor
San Francisco, CA 94111-4024
Telephone:
+1 415.471.3100
Facsimile:
+1 415.471.3400

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Attorneys for Defendant ADOBE SYSTEMS, INC.

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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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DAVID HELLER,
Plaintiff,

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Case No.:15-CV-4658-NC

vs.
ADOBE SYSTEMS, INC.,
Defendant.

STIPULATION TO CONTINUE INITIAL
CASE MANAGEMENT CONFERENCE
TO JANUARY 27, 2016 AND ADJUST
CERTAIN ASSOCIATED DEADLINES
ACCORDINGLY; ORDER THEREON
Judge:

Hon. Nathanael Cousins

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STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE TO JANUARY 27, 2016 AND
ADJUST CERTAIN ASSOCIATED DEADLINES ACCORDINGLY
Case No.: 15-CV-4658-NC

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The parties stipulate, and ask the Court to enter an order, as follows:

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1.

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The Initial Case Management Conference in the above-captioned matter is currently

set for January 6, 2015.
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Defendant Adobe Systems, Inc. has filed a motion to dismiss Plaintiff David Heller’s

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Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (“Defendant’s Motion”) (Doc.

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#12). That motion is currently set to be heard on January 27, 2016.

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3.

Defendant believes that setting the initial Case Management Conference and the

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hearing on Defendant’s Motion on the same day would be more convenient for the parties as well as

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promote judicial efficiency and economy. Plaintiff does not oppose Defendant’s request.

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4.

Under the current schedule, the deadline for the initial Case Management Statement,

Rule 26(f) Report, and initial disclosures is December 30, 2015.
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Defendant Adobe’s offices are closed for the holidays from December 23, 2015

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through January 1, 2016, making it difficult for defense counsel to confer with the client regarding

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initial disclosures, Rule 26(f) Report, and the initial Case Management Statement currently due on

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December 30, 2015.

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Defendant requests that the deadline for filing a Rule 26(f) Report, the initial Case

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Management Statement, and initial disclosures be continued until January 20, 2016. Plaintiff does

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not oppose Defendant’s request.

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7.

The parties have agreed to keep all other case schedule deadlines (the Rule 26(f)

conference and ADR deadlines of December 16, 2015) the same.
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This is the first continuance requested for the initial Case Management Conference

and certain associated deadlines. This request is not being made for the purposes of delay.
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It is therefore stipulated and agreed by Plaintiff and Defendant, through their

respective attorneys of record, that the case management schedule be revised as follows:

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STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE TO JANUARY 27, 2016 AND
ADJUST CERTAIN ASSOCIATED DEADLINES ACCORDINGLY
Case No.: 15-CV-4658-NC

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Event

Current Deadline

Requested Deadline

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Deadline for Rule 26(f) Report

December 30, 2015

January 20, 2016

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Deadline for Rule 26 Initial
Disclosures

December 30, 2015

January 20, 2016

Deadline for initial Case
Management Statement

December 30, 2015

January 20, 2016

Initial Case Management
Conference

January 6, 2016

January 27, 2016, 1:00 p.m.

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IT IS SO STIPULATED.

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Dated: December 15, 2015

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ARNOLD & PORTER LLP
By:

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/s/ Carolyn A. Pearce
MICHAEL A. BERTA
CAROLYN A. PEARCE

Attorneys for Defendant ADOBE SYSTEMS, INC.

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Dated: December 15, 2015

RIMON PC
By:

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/s/ Richard J. Mooney
RICHARD J. MOONEY

Attorneys for Plaintiff DAVID HELLER

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STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE TO JANUARY 27, 2016 AND
ADJUST CERTAIN ASSOCIATED DEADLINES ACCORDINGLY
Case No.: 15-CV-4658-NC

ORDER

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Having reviewed the Stipulation of the parties, and good cause appearing:

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IT IS HEREBY ORDERED THAT the initial Case Management Conference in this action,

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currently set for January 6, 2016, be continued to January 26, 2016 at 1:00 p.m., and the deadline

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for the Rule 26(f) Report, Rule 26 initial disclosures, and initial Case Management Statement is

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continued to January 20, 2016.

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S

UNIT
ED

thanael M
Judge Na

TED

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. Cousins

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R NIA

THE HONORABLE NATHANAEL COUSINS
UNITED STATES MAGISTRATE JUDGE

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GRAN

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Date: December 16, 2015

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STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE TO JANUARY 27, 2016 AND
ADJUST CERTAIN ASSOCIATED DEADLINES ACCORDINGLY
Case No.: 15-CV-4658-NC

ATTESTATION

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I, Carolyn A. Pearce, am the ECF user whose User ID and Password are being used to file

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the STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE TO

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JANUARY 27, 2016 AND ADJUST CERTAIN ASSOCIATED DEADLINES ACCORDINGLY.

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In compliance with Local Rule 5-1(i)(3), I hereby attest that Richard J. Mooney has concurred in

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this filing.

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Dated: December 15, 2015.

By:

/s/Carolyn A. Pearce
CAROLYN A. PEARCE

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STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE TO JANUARY 27, 2016 AND
ADJUST CERTAIN ASSOCIATED DEADLINES ACCORDINGLY
Case No.: 15-CV-4658-NC