Cisco Systems, Inc. et al v. Beccela's Etc., LLC

Filing 50

ORDER GRANTING 49 STIPULATION FOR LEAVE TO FILE AMENDED COMPLAINT AND SETTING BRIEFING SCHEDULE. Signed by Judge Beth Labson Freeman on 8/10/2018.(blflc2S, COURT STAFF) (Filed on 8/10/2018)

1 John C. Hueston, State Bar No. 164921
[e-mail]
2 Douglas J. Dixon, State Bar No. 275389
[e-mail]
3 Adam Olin, State Bar No. 298380
[e-mail]
4 HUESTON HENNIGAN LLP
523 West 6th Street, Suite 400
5 Los Angeles, CA 90014
Telephone:
[phone]
Facsimile:
[phone]
6
7 Attorneys for Defendant
Beccela’s Etc., LLC
8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11
12 CISCO SYSTEMS, INC., et al.,
Plaintiffs,

13
14

vs.

15 BECCELA’S ETC., LLC,
16

Case No. 18-cv-00477-BLF (SVK)
STIPULATION AND [PROPOSED] ORDER
FOR LEAVE TO FILE AMENDED
COMPLAINT AND SETTING BRIEFING
SCHEDULE

Defendant.

17
18
19
20
21
22
23
24
25
26
27
28
Case No. 18-cv-00477-BLF (SVK)
STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE AMENDED
COMPLAINT AND SETTING BRIEFING SCHEDULE

1

Pursuant to Local Rules 6-1(b) and 6-2, Plaintiffs Cisco Systems, Inc. and Cisco

2 Technology, Inc. (together, “Cisco”) and Defendant Beccela’s Etc., LLC (“BecTech” and together
3 with Cisco, the “Parties”) hereby stipulate and agree as follows:
4

WHEREAS, Cisco filed its Complaint on January 22, 2018, ECF No. 1;

5

WHEREAS, BecTech filed a Motion to Dismiss the Complaint (the “Motion”) on March

6 29, 2018, ECF No. 22, that was set for hearing on August 16, 2018 at 9:00 a.m.;
7

WHEREAS, Cisco advised BecTech that it desired to file an amended complaint;

8

WHEREAS, the Parties entered into a stipulation on July 16, 2018, by which the hearing for

9 the Motion would be vacated, Cisco would provide a proposed Amended Complaint on August 3,
10 2018, and BecTech would inform Cisco that it would either stipulate to or oppose amendment of
11 the Complaint by August 7, 2018, and that Cisco would file any stipulation by August 10, 2018;
12

WHEREAS, Cisco provided BecTech on August 3, 2018 with a copy of its proposed

13 Amended Complaint, which seeks to add additional defendants and claims in this action;
14

WHEREAS, BecTech does not oppose Cisco’s request to file Plaintiffs’ [Proposed]

15 Amended Complaint attached hereto as Exhibit A (“Amended Complaint”);
16

WHEREAS, the Amended Complaint adds Arbitech, LLC (“Arbitech”) and another

17 company as Defendants;
18

WHEREAS, Arbitech is the parent of BecTech and is represented by the same counsel;

19

WHEREAS, Arbitech has agreed to accept service of the Amended Complaint and respond

20 to the Amended Complaint on the same agreed schedule as BecTech below; and,
21

WHEREAS, good cause exists to permit the extensions of time and stipulated briefing

22 schedule in the interest of efficiency and preserving the time and resources of the Parties and the
23 Court.
24

IT IS THEREFORE STIPULATED AND AGREED that this Stipulation shall be deemed

25 entered and the Amended Complaint, which is attached hereto as Exhibit A, shall be electronically
26 filed as a separate docket entry by Cisco on or before August 14, 2018.
27

IT IS FURTHER STIPULATED AND AGREED that:

28

a.

Defendant BecTech and Arbitech shall file their responses to the Amended

-2Case No. 18-cv-00477-BLF (SVK)
STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE AMENDED
COMPLAINT AND SETTING BRIEFING SCHEDULE

1

Complaint on or before September 11, 2018, 28 days from the Complaint filing

2

deadline above;
b.

3

Should Defendant BecTech and/or Arbitech move to dismiss, Cisco shall file its

4

opposition to BecTech’s motion on or before October 9, 2018, 28 days from the last

5

day for filing of any such motion to dismiss; and,
c.

6

BecTech and/or Arbitech shall file any reply brief by October 23, 2018, 14 days
from the last day for filing of Cisco’s opposition.

7

8 IT IS SO STIPULATED.
9 DATED: August 10, 2018
10

Respectfully submitted,
HUESTON HENNIGAN LLP

11
By: /s/ Douglas J. Dixon
Douglas J. Dixon
Attorneys for Defendant
Beccela’s Etc., LLC

12
13
14
15
16

DATED: August 10, 2018

SIDEMAN & BANCROFT LLP

17
18

By: /s/ Richard J. Nelson
Richard J. Nelson
Attorneys for Plaintiffs
Cisco Systems, Inc. and Cisco Technology, Inc.

19
20
21

22 PURSUANT TO STIPULATION, IT IS SO ORDERED.
23
24
25 Dated:
26

August 10, 2018
Beth Labson Freeman
United States District Judge

27
28
-3Case No. 18-cv-00477-BLF (SVK)
STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE AMENDED
COMPLAINT AND SETTING BRIEFING SCHEDULE