2-Way Computing, Inc. v. Unify Inc.

Filing 36

ORDER Granting 35 Stipulation to Extend Deadline. Signed by Magistrate Judge Carl W. Hoffman on 10/5/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-00423-GMN-CWH Document 35 Filed 10/04/16 Page 1 of 4

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Reza Mirzaie, Esq.
(Admitted Pro Hac Vice)
[e-mail]
Paul S. Kroeger, Esq.
(Admitted Pro Hac Vice)
[e-mail]
Stanley H. Thompson, Jr., Esq.
(Admitted Pro Hac Vice)
[e-mail]
RUSS, AUGUST & KABAT
12424 Wilshire Boulevard, 12th Floor
Los Angeles, California 90025
Telephone: [phone]
Facsimile: [phone]
Mark Borghese, Esq.
Nevada Bar No. 6231
[e-mail]
BORGHESE LEGAL, LTD.
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
T: [phone]
F: [phone]
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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2-WAY COMPUTING, INC., a Nevada
corporation,

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Plaintiff 2 Way Computing, Inc. (“2 Way” or “Plaintiff”) and Unify Inc. (“Unify” or

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“Defendant”) by and through their attorneys, hereby file this Stipulation and [Proposed] Order

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to Extend Deadline for Filing Response to Initial Non-Infringement, Invalidity, and

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Unenforceability Contentions. This request is filed in compliance with LR IA 6-1, LR IA 6-2,

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and LR 7-1. This is the second request to extend this deadline. This request is not made after the

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deadline which is currently October 5, 2016.

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v.

Plaintiff,

UNIFY INC. F/K/A SIEMENS ENTERPRISE
COMMUNICATIONS, a Delaware corporation,
Defendant.

BORGHESE LEGAL, LTD.
10161 PARK RUN DRIVE,
SUITE 150
LAS VEGAS,
NEVADA 89145
[phone]

2016-10-04-Stipulation for Extension of Time.docx

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Case No.: 2:16-cv-00423-GMN-CWH
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DEADLINE
FOR FILING RESPONSE TO
INITIAL NON- INFRINGEMENT,
INVALIDITY, AND
UNENFORCEABILITY
CONTENTIONS
(Second Request)

Case 2:16-cv-00423-GMN-CWH Document 35 Filed 10/04/16 Page 2 of 4

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The parties are currently engaged in settlement discussions which may resolve the

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claims of this litigation. In order to allow the parties additional time to continue ongoing

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settlement discussions before a response is due, the parties request that the current deadline be

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extended an additional seven (7) days until Wednesday, October 12, 2016. The litigation of this

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matter will be best served by the proposed extension.

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Accordingly, Plaintiff and Defendant respectfully request that the Court grant this

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request to continue the deadline for Filing Response to Initial Non- Infringement, Invalidity, and

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Unenforceability Contentions (LPR 1-10) until October 12, 2016.

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Dated: October 4, 2016

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Reza Mirzaie, Esq.
Paul S. Kroeger, Esq.
Stanley H. Thompson, Jr., Esq.
C. Jay Chung, Esq.
RUSS, AUGUST & KABAT
12424 Wilshire Blvd., 12th Floor
Los Angeles, California 90025

James D. Boyle, Esq.
Sean E. Story, Esq
HOLLEY DRIGGS WALCH FINE
WRAY PUZEY & THOMPSON
400 South Fourth Street, Third Floor
Las Vegas, Nevada 89101

Attorneys for Plaintiff

Attorneys for Defendant

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/s/ Robert M. Fuhrer
Bryan P. Collins, Esq.
Robert M. Fuhrer, Esq.
PILLSBURY WINTHROP SHAW PITTMAN LLP
1650 Tysons Boulevard, Suite 1400
McLean, Virginia 22102-4856

/s/ Mark Borghese
Mark Borghese, Esq.
BORGHESE LEGAL, LTD.
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145

ORDER
IT IS SO ORDERED.

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UNITED STATES MAGISTRATE JUDGE
DATED:

October 5, 2016

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BORGHESE LEGAL, LTD.
10161 PARK RUN DRIVE,
SUITE 150
LAS VEGAS,
NEVADA 89145
[phone]

2016-10-04-Stipulation for Extension of Time.docx

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Case 2:16-cv-00423-GMN-CWH Document 35 Filed 10/04/16 Page 3 of 4

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CERTIFICATE OF SERVICE

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I am a resident of Clark County, Nevada and am over the age of 18 years and not a party

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to the action. My business address is: 10161 Park Run Drive, Suite 150, Las Vegas, Nevada,

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89145.

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On October 4, 2016, I served this document on the parties listed on the attached service

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list via one or more of the methods of service described below as indicated next to the name of

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the served individual or entity by a checked box:

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PERSONAL SERVICE: by personally hand-delivering or causing to be hand
delivered by such designated individual whose particular duties include delivery of such
on behalf of the firm, addressed to the individual(s) listed, signed by such individual or
his/her representative accepting on his/her behalf. A receipt of copy signed and dated by
such an individual confirming delivery of the document will be maintained with the
document and is attached.
EMAIL: By transmitting a copy of the document to the electronic-mail address
designated by the attorney or the party who has consented to such manner of service.
E-FILE: Automatically through the court’s electronic filing system.
FAX SERVICE: by transmitting to a facsimile machine maintained by the attorney or
the party who has consented to such manner of service.
MAIL SERVICE: by placing a true copy thereof enclosed in a sealed envelope
with postage thereon fully prepaid, in the United States mail at Las Vegas, Nevada. I am
readily familiar with the firm’s practice of collection and processing correspondence by
mailing. Under that practice, it would be deposited with the U.S. Postal Service on that
same day with postage fully prepaid at Las Vegas, Nevada in the ordinary course of
business. I am aware that on motion of the party served, service is presumed invalid if
postal cancellation date or postage meter date is more than one day after date of deposit
for mailing an affidavit.

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I declare that under penalty of perjury under the laws of the State of Nevada that the

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above is true and correct. I further declare that I am employed in the office of a member of the

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bar of this court at whose direction the service was made.

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/s/ Mark Borghese

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An employee of BORGHESE LEGAL, LTD.

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BORGHESE LEGAL, LTD.
10161 PARK RUN DRIVE,
SUITE 150
LAS VEGAS,
NEVADA 89145
[phone]

2016-10-04-Stipulation for Extension of Time.docx

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Case 2:16-cv-00423-GMN-CWH Document 35 Filed 10/04/16 Page 4 of 4

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SERVICE LIST
ATTORNEYS
OF RECORD
Bryan P. Collins, Esq.
Robert M. Fuhrer, Esq.
PILLSBURY WINTHROP
SHAW PITTMAN LLP
1650 Tysons Boulevard, Suite 1400
McLean, Virginia 22102-4856

PARTIES
REPRESENTED
Attorneys for
Defendant

James D. Boyle, Esq.
Sean E. Story, Esq
HOLLEY DRIGGS WALCH FINE
WRAY PUZEY & THOMPSON
400 South Fourth Street, Third Floor
Las Vegas, Nevada 89101

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BORGHESE LEGAL, LTD.
10161 PARK RUN DRIVE,
SUITE 150
LAS VEGAS,
NEVADA 89145
[phone]

2016-10-04-Stipulation for Extension of Time.docx

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METHOD OF
SERVICE
Personal service
Email
E-File
Fax service
Mail service