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Interwoven, Inc. v. Vertical Computer Sys., Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Mar 21, 2013
Civil Case No. 3:10-cv-04645 RS (N.D. Cal. Mar. 21, 2013)

Opinion

Civil Case No. 3:10-cv-04645 RS

03-21-2013

INTERWOVEN, INC., Plaintiff, v. VERTICAL COMPUTER SYSTEMS, INC., Defendant.

BIJAL V. VAKIL (Cal. Bar No. 192878) NOAH A. BRUMFIELD (Cal. Bar No. 203653) JENNIFER P. GOSSAIN (Cal. Bar No. 254174) THOMAS C. FLYNN (Cal. Bar. No. 257945) WHITE & CASE LLP ATTORNEYS FOR PLAINTIFF AND COUNTERCLAIM- DEFENDANT INTERWOVEN, INC. MARK V. ISOLA (Cal. Bar No. 154614) REHON & ROBERTS, APC VASILIOS D. DOSSAS (Pro Hac Vice) NIRO, HALLER & NIRO, LTD. ATTORNEYS FOR DEFENDANT AND COUNTERCLAIMANT VERTICAL COMPUTER SYSTEMS, INC.


BIJAL V. VAKIL (Cal. Bar No. 192878) NOAH A. BRUMFIELD (Cal. Bar No. 203653) JENNIFER P. GOSSAIN (Cal. Bar No. 254174) THOMAS C. FLYNN (Cal. Bar. No. 257945) WHITE & CASE LLP ATTORNEYS FOR PLAINTIFF AND COUNTERCLAIM

DEFENDANT
INTERWOVEN, INC.
MARK V. ISOLA (Cal. Bar No. 154614)
REHON & ROBERTS, APC
VASILIOS D. DOSSAS (Pro Hac Vice)
NIRO, HALLER & NIRO, LTD.
ATTORNEYS FOR DEFENDANT AND COUNTERCLAIMANT
VERTICAL COMPUTER SYSTEMS, INC.

JOINT STIPULATED REQUST FOR

EXTENSION OF TIME AND TO SET

HEARING DATE FOR PRETRIAL

MOTIONS AND [PROPOSED] ORDER


HON. RICHARD SEEBORG

Pursuant to Local Rules 6-2 and 7-12 of the Civil Local Rules for the Northern District of California, Plaintiff, Interwoven, Inc., ("Interwoven") and Defendant, Vertical Computer Systems, Inc. ("Vertical"), by and through their respective counsel, jointly request the Court extend the deadline for pretrial motion hearings, and set a hearing date on or after June 17, 2013 for pretrial motions.

In its May 25, 2012 Case Management Scheduling Order (Dkt. No. 117), the Court set a deadline of May 23, 2013 for hearing pretrial motions. Interwoven intends to file a Motion for Summary Judgment addressing a number of issues.

Vertical does not currently intend to file a Motion for Summary Judgment.

The Court is unavailable from May 13, 2013 through May 17, 2013, as well as on May 23, 2013. These dates on which the Court is unavailable include the last two civil law and motion calendar days on which pretrial motions could be heard. The parties further understand that the Court is not available for a pretrial motion hearing on May 21, 2013, a date the parties had initially proposed to the Court through the Court's clerk.

Counsel for Interwoven will be in trial in Washington, DC from May 31, 2013 through June 7, 2013 and expects to be in Washington, DC for this trial from May 22, 2013 through June 8, 2013. Counsel for Vertical has a prior travel engagement from May 3, 2013 to May 13, 2013, and is unavailable for a pretrial motion hearing in California during that time period.

By prior agreements of the parties, and due the production of additional revenue data by Interwoven on February 27, 2013, as well as an unexpected illness that led to the cancellation of his deposition scheduled for February 27, 2013, the parties agreed that Vertical's damages expert, Joseph Gemini would serve a supplemental report on March 20, 2013, and will be deposed on March 26, 2013. Counsel for Interwoven expects that the Gemini supplemental report and deposition will be essential to Interwoven's planned motions practice.

Counsel for Interwoven and counsel for Vertical have conferred, and both are available for a pretrial motion hearing on or after June 17, 2013. The Declaration of Bijal V. Vakil that accompanies this stipulated request and provides the information required by Civil L.R. 6-2.

The parties therefore stipulate and jointly request that the Court extend the deadline for pretrial motion hearings and schedule a pretrial motion hearing on or after June 17, 2013.

Pursuant to this stipulated request, briefing will proceed according to Civil L.R. 7-2, and Civil L.R. 7-3 with motions filed and served 35 days before the hearing date.

Respectfully submitted,

WHITE & CASE LLP

By: __________________________

BIJAL V. VAKIL

ATTORNEYS FOR PLAINTIFF AND COUNTERCLAIM

DEFENDANT INTERWOVEN, INC.

NIRO, HALLER & NIRO, LTD.

By: _____________________________

VASILIOS D. DOSSAS

ATTORNEYS FOR DEFENDANT AND

COUNTERCLAIMANT VERTICAL COMPUTER

SYSTEMS, INC.

ATTESTATION CLAUSE

I, Bijal V. Vakil, hereby attest in accordance with Local Rule 5-1(i)(3) that Vasilios D. Dossas, counsel for Vertical Computer Systems, Inc., has provided his concurrence with the electronic filing of the foregoing document entitled:

JOINT STIPULATED REQUST FOR EXTENSION OF TIME AND TO SET HEARING

DATE FOR PRETRIAL MOTIONS

By: __________________________

BIJAL V. VAKIL

ORDER

The Court finds that the Stipulated Request for an Order Changing Time is well taken and should be GRANTED. Pretrial motions in this case will be set for hearing on June [_ 20___], 2013 at [_ 1:30p.m. __].

PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

________________________

Honorable Richard Seeborg

United States District Court Judge


Summaries of

Interwoven, Inc. v. Vertical Computer Sys., Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Mar 21, 2013
Civil Case No. 3:10-cv-04645 RS (N.D. Cal. Mar. 21, 2013)
Case details for

Interwoven, Inc. v. Vertical Computer Sys., Inc.

Case Details

Full title:INTERWOVEN, INC., Plaintiff, v. VERTICAL COMPUTER SYSTEMS, INC., Defendant.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Date published: Mar 21, 2013

Citations

Civil Case No. 3:10-cv-04645 RS (N.D. Cal. Mar. 21, 2013)