TIBCO Software Inc., v. Gain Capital Group, LLC

Filing 51

STIPULATION AND ORDER to continue case management conference and extend deadlines. Signed by Judge Edward J. Davila on 2/12/2018. (ejdlc3S, COURT STAFF) (Filed on 2/12/2018)

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7 Christopher T. Casamassima (SBN 211280)
[e-mail]
8 WILMER CUTLER PICKERING
HALE AND DORR LLP
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350 South Grand Avenue, Suite 2100
10 Los Angeles, CA 90071
Telephone: [phone]
11 Facsimile: [phone]

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1 MCGUIREWOODS LLP
MARC A. LACKNER (SBN 111753)
2 JAMIE D. WELLS (SBN 290827)
Two Embarcadero Center
3 Suite 1300
San Francisco, CA 94111-3821
4 Telephone: [phone]
Facsimile: 415.844.9922
5 Email: [e-mail]
Email: [e-mail]
6 Attorneys for TIBCO Software Inc.

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2/12/2018
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12 Hallie B. Levin (admitted pro hac vice)
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13 [e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
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7 World Trade Center
15 250 Greenwich Street
New York, New York 10007
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Telephone: [phone]
17 Facsimile: [phone]
Attorneys for GAIN Capital Group, LLC
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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22 TIBCO SOFTWARE INC.

CASE NO. 5:17-CV-03313-EJD

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JOINT STIPULATION TO CONTINUE
CASE MANAGEMENT CONFERENCE
AND EXTEND DEADLINES

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Plaintiff,
vs.

25 GAIN CAPITAL GROUP, LLC; and Does 1
to 10 inclusive,
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Defendants.
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JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND EXTEND DEADLINES

Plaintiff TIBCO Software Inc. (“TIBCO”) and Defendant GAIN Capital, LLC (“GAIN”),

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2 through their respective attorneys of record, hereby stipulate and agree as follows:
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1.

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The parties have a private mediation scheduled with Judge Cahill at JAMS in

San Francisco on February 13, 2018;

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2.

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The parties agree to extend TIBCO’s deadline to oppose GAIN’s motion to

dismiss until February 26, 2018 and that GAIN’s reply to its motion to dismiss shall be due

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by March 12, 2018; and

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3.

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Given the scheduled mediation and the resulting prospect of resolving the

case, the parties agree to continue the Case Management Conference scheduled for March

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8, 2018 to April 26, 2018, the same day as the hearing on GAIN’s motion to dismiss, or a

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date thereafter that is convenient for the Court.
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Based on the foregoing, the parties hereby respectfully request that:
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TIBCO has until February 26, 2018 to file an opposition to GAIN’s motion

to dismiss;

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2.

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3.

GAIN has until March 12, 2018 to file a reply to GAIN’s motion to dismiss;

The Case Management Conference scheduled for March 8, 2018 be
May 31
at 10:00 a.m.
continued to April 26, 2018 or a date thereafter that is convenient for the Court; and
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4.
The March 1, 2018 deadline to file a Joint Case Management Statement and

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other associated deadlines be continued based on the date of the continued Case Management

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Conference.

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25 IT IS SO STIPULATED.
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JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND EXTEND DEADLINES

1 DATED: February 12, 2018

MCGUIREWOODS LLP

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By: /s/Jamie D. Wells
Jamie D. Wells
Attorneys for Plaintiff
TIBCO Software Inc.

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DATED: February 12, 2018

WILMER CUTLER PICKERING HALE AND DORR
LLP

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By: /s/ Christopher T. Casamassima
Christopher T. Casamassima
Attorneys for Defendant
GAIN Capital Group, LLC

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JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND EXTEND DEADLINES

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SIGNATURE ATTESTATION

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I, Jamie D. Wells am the ECF User whose identification and password are being used to
file the foregoing Joint Stipulation To Continue Case Management Conference And Extend
Deadlines Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, I attest that concurrence in

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the filing of this document has been obtained.
By: /s/Jamie D. Wells
Jamie D. Wells

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CERTIFICATE OF SERVICE

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I hereby certify that on February 12, 2018, a copy of foregoing Joint Stipulation to

13 Continue Case Management Conference and Extend Deadlines was filed electronically. Notice
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of this filing will be sent by operation of the Court’s electronic filing system to all parties

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indicated on the electronic filing receipt.
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Dated: February 12, 2018

By: /s/Jamie D. Wells
Jamie D. Wells

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JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND EXTEND DEADLINES