Sumotext Corp. -v- Zoove, Inc., et al

Filing 239

ORDER GRANTING 231 PLAINTIFF'S MOTION TO CHANGE TIME; EXTENDING FACT DISCOVERY CUT-OFF TO APRIL 16, 2018; AND SETTING CASE MANAGEMENT CONFERENCE FOR FEBRUARY 8, 2018 TO DISCUSS WHETHER FURTHER EXTENSION OF THE FACT DISCOVERY CUT-OFF IS APPROPRIATE. Close of Fact Discovery is 4/16/2018. Signed by Judge Beth Labson Freeman on 12/14/2017.(blflc1S, COURT STAFF) (Filed on 12/14/2017)

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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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SUMOTEXT CORP.,
Plaintiff,

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Case No. 16-cv-01370-BLF

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ORDER GRANTING PLAINTIFF’S
MOTION TO CHANGE TIME;
EXTENDING FACT DISCOVERY CUTOFF TO APRIL 16, 2018; AND SETTING
CASE MANAGEMENT CONFERENCE
FOR FEBRUARY 8, 2018 TO DISCUSS
WHETHER FURTHER EXTENSION OF
THE FACT DISCOVERY CUT-OFF IS
APPROPRIATE

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[Re: ECF 231]

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v.
ZOOVE, INC., et al.,
Defendants.

United States District Court
Northern District of California

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The Court has reviewed Plaintiff’s Motion to Change Time (ECF 231), seeking an

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extension of the December 8, 2017 fact discovery cut-off to April 15, 2018, and the responses

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filed by Defendants (ECF 232, 233, 235, 236). While Defendants agree that an extension of the

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fact discovery cut-off is necessary, they contend that the extension requested by Plaintiff is grossly

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inadequate given that the pleadings are not yet settled. Defendants request an extension to at least

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October 2018.

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The operative third amended complaint (“TAC”) alleges claims for: (1) breach of contract;

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(2) breach of implied contract; (3) tortious interference with contracts; (4) restraint of trade in

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violation of Section 1 of the Sherman Act; and (5) conspiracy to monopolize and monopolization

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in violation of Section 2 of the Sherman Act. Defendants have filed motions to dismiss the TAC

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which are set for hearing on February 8, 2018 and March 1, 2018. The pleadings thus will not be

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settled until March 2018 at the earliest. In light of this schedule, it appears that an extension of the

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fact discovery cut-off is necessary. The Court recognizes that an extension to April 2018 may not

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be adequate, especially if Plaintiff’s antitrust claims go forward. However, the Court cannot make

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that determination on the record before it.

The Court GRANTS Plaintiff’s motion to change time and EXTENDS the fact discovery

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cut-off to April 16, 2018 on an interim basis.1 The Court SETS a further case management

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conference for February 8, 2018 at 9:00 a.m., immediately following the motion hearing set for

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that date and time, to discuss whether a further extension of the fact discovery cut-off is

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appropriate. Because any further extension of the fact discovery cut-off likely would affect the

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October 2018 trial date, the parties should be prepared to discuss potential adjustment of the entire

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case schedule.
Defendant Mblox, Inc., which is not a moving party with respect to the motions set for

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hearing on February 8, 2018, may appear telephonically.
IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: December 14, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge

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Because the April 15, 2018 date requested by Plaintiff falls on a Sunday, the Court extends the
discovery cut-off to the next business day, April 16, 2018.
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