Synchronoss Technologies, Inc. v. Funambol, Inc.

Filing 52

ORDER GRANTING STIPULATION to Continue Case Management Conference 51 . Case Management Statement due by 6/8/2016. Case Management Conference set for 6/15/2016 10:00 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 5/18/2016. (lmh, COURT STAFF) (Filed on 5/18/2016)

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MARK L. HOGGE (Pro Hac Vice pending)
SHAILENDRA K. MAHESHWARI (Pro Hac Vice pending)
NICHOLAS H. JACKSON (SBN 269976)
DENTONS US LLP
1900 K Street, N.W.
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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DENTONS US LLP
525 MARKET STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94105
[phone]

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SARAH S. ESKANDARI (SBN 271541)
DENTONS US LLP
525 Market Street, 26th Floor
San Francisco, CA 94105-2708
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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JOEL N. BOCK (Pro Hac Vice pending)
DENTONS US LLP
101 JFK Parkway
Short Hills, New Jersey 07078-2708
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiff
Synchronoss Technologies, Inc.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SYNCHRONOSS TECHNOLOGIES, INC.,
Plaintiff,

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v.
FUNAMBOL, INC.
Defendant.

Case No. 5:16-cv-02026-NC
STIPULATION AND] ORDER TO
CONTINUE CASE MANAGEMENT
CONFERENCE
Date: June 1, 2016
Time: 10:00 am
Dept: Courtroom 7, 4th Floor
Judge: Hon. Nathanael Cousins

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-1STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
CASE NO. 5:16-CV-02026-NC

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Pursuant to Civil Local Rule 6-2, Plaintiff, Synchronoss Technologies, Inc.

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(“Synchronoss” or “Plaintiff”), and Defendant Funambol, Inc. (“Funambol” or “Defendant”)

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(collectively, the “Parties”), respectfully request that the Court enter the following stipulation to

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continue the date of the Case Management Conference.

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I.

Factual Background

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In support of this stipulation, the undersigned Parties provide the following facts:

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A.

On April 20, 2016, this matter was transferred to this District from the United

States District Court of New Jersey and reassigned to United States District Court Magistrate

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Judge Nathanael M. Cousins. (ECF 41.) On April 20, 2016, the Court issued an Order Setting

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DENTONS US LLP
1525 MARKET STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94105
[phone]

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Initial Case Management Conference and ADR Deadlines, setting the initial Case Management

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Conference for July 27, 2016, and setting related deadlines based on that date. (ECF 42.) On May

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9, 2016, the Court advanced the initial Case Management Conference to June 1, 2016, re-setting

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the related deadlines based on that date. (ECF 47.)

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B.

On May 16, 2016, Defendant filed, pursuant to Civil Local Rule 3-12, an

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administrative motion to consider whether this case should be related to two cases currently

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pending before Judge Gilliam involving all three of the asserted patents: (1) Synchronoss Techs.,

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Inc. v. Dropbox, Inc., Case No. 16-CV-00119-HSG; and (2) Synchronoss Techs., Inc. v. Egnyte,

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Inc., Case No. 16-CV-00120-HRL. See Synchronoss Techs., Inc. v. Dropbox, Inc.,

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3:16-cv-00119-HSG (N.D. Cal. May 16, 2016), ECF No. 104. Defendant anticipates that, if the

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motion is granted, Judge Gilliam will vacate and reschedule any case management conference set

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by this Court, consistent with Judge Gilliam's prior order relating the Dropbox and Egnyte cases.

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C.

Lead counsel for Plaintiff has been in trial at the International Trade Commission

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for an unrelated matter starting on May 9, 2016 through at least May 18, 2016 and is not available

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on June 1, 2016 to attend the Case Management Conference. Counsel for Defendant only filed

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their notices of appearance on May 13, 2016 (ECF 48-49.)

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D.

Based on these facts, the Parties believe a continuance is necessary in order to give

the parties adequate time to meet and confer on the relevant issues. Further, the Parties believe a
-2STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
CASE NO. 5:16-CV-02026-NC

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continuance would be in the interest of judicial economy, conserve the Court’s and the Parties’

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resources, and allow for a more efficient and productive discussion with the Court.

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E.

The Parties met and conferred and have agreed to request a continuance of the

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Case Management Conference to June 15, 2016 or a later date, subject to the convenience of the

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court.

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F.
case schedule.

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DENTONS US LLP
1525 MARKET STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94105
[phone]

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The Parties agree that this stipulation does not modify any other deadlines in the

G.

The Parties have not previously requested any time modifications with respect to

the Case Management Conference. See Civil L.R. 6-2(a)(2).
II.

Stipulation
In light of the above facts, the Parties jointly request that the Court enter the following

stipulation as an Order of the Court:
A.

The Case Management Conference shall be continued to June 15, 2016 at 10:00

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a.m. or a later date subject to the convenience of the Court. Updated case management statement

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due June 8, 2016.

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IT IS SO STIPULATED.
Dated: May 18, 2016

Respectfully submitted,
DENTONS US LLP

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By: /s/ Sarah S. Eskandari
Sarah S. Eskandari

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COUNSEL FOR PLAINTIFF
SYNCHRONOSS TECHNOLOGIES, INC.

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Dated: May 18, 2016

DURIE TANGRI US LLP
By: /s/ Timothy C. Saulsbury
Timothy C. Saulsbury
COUNSEL FOR DEFENDANT
FUNAMBOL, INC.
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STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
CASE NO. 5:16-CV-02026-NC

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Pursuant to Civil L. R. 5-1(i)(3), I attest that concurrence in the filing of this document has

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been obtained from each of the other signatories above.

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Dated: May 18, 2016

By:

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/s/ Sarah S. Eskandari
Sarah S. Eskandari

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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S

ER

M. Cousin

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D IS T IC T O
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R NIA

thanael
Judge Na

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RT

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TED

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GRAN

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United States Magistrate Judge

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DENTONS US LLP
1525 MARKET STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94105
[phone]

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S DISTRICT
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Honorable Nathanael Cousins
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Dated: May 18, 2016

UNIT
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-4STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
CASE NO. 5:16-CV-02026-NC

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CERTIFICATE OF SERVICE
I hereby certify that on the date indicated below I caused to be served the

CM/ECF system upon all counsel of record registered to received electronic filings as indicated

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on the Court’s website, pursuant to Fed. R. Civ. P. 5(b)(2)(E) and Local Rule 5-1.

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Dated: May 18, 2016

By:

/s/Sarah S. Eskandari

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DENTONS US LLP
525 MARKET STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94105
[phone]

via the Court’s

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CERTIFICATE OF SERVICE