Opinion
R. ALEXANDER SAVERI, GEOFFREY C. RUSHING, CADIO ZIRPOLI, TRAVIS L. MANFREDI, SAVERI & SAVERI, INC., San Francisco, CA.
JAMES M. RINGER (pro hac vice pending) BENJAMIN D. BIANCO, (pro hac vice pending) MEISTER SEELIG & FEIN LLP, New York, New York, Counsel for Plaintiff, MicroTechnologies, LLC.
NEIL A. GOTEINER, FARELLA BRAUN + MARTEL LLP, San Francisco, CA, Attorneys for Defendants AUTONOMY, INC. and HEWLETT-PACKARD COMPANY and for non-party AUTONOMY SYSTEMS LIMITED.
STIPULATION AND [] ORDER RE PENDING MOTIONS
RONALD M. WHYTE, District Judge.
This Stipulation is entered into by and among plaintiff MicroTechnologies, LLC ("MicroTech"); defendant Autonomy, Inc. ("Autonomy"); nominal defendant Hewlett-Packard Company ("HP"); and non-party and proposed intervenor, Autonomy Systems Limited ("ASL"), by and through their respective, undersigned counsel.
STIPULATION
WHEREAS, on May 18, 2015, plaintiff filed its Complaint against defendants Autonomy and HP (Docket No. 1);
WHEREAS, on June 29, 2015, (i) defendant Autonomy filed an Answer and Counterclaim (Docket No. 11), (ii) defendant HP filed a Motion to Dismiss (Docket No. 12), and (iii) proposed intervenor ASL filed its Motion to Intervene (Docket No. 13);
WHEREAS, on August 7, 2015, the parties hereto met and conferred in an attempt to resolve the pending motions (Docket Nos. 12 and 13) without Court intervention;
NOW, THEREFORE, subject to this Court's approval, IT IS HEREBY STIPULATED AND AGREED, by and among MicroTech, Autonomy, HP, and ASL that:
• Plaintiff agrees to the dismissal of defendant HP, without prejudice, under the following conditions:
º Defendant HP agrees to MicroTech propounding non-party discovery upon it in this Action via notice, as opposed to non-party subpoena, but HP will otherwise preserve all of its rights to oppose or limit any such discovery; and
º To the extent that plaintiff hereafter develops, through discovery or otherwise, any claims it may have against HP relating to the facts and circumstances at issue in this Action, plaintiff may relate those claims back to May 18, 2015 (the date the Complaint was filed in this Action), for the calculation of any relevant statute of limitations on any such claim.
• Plaintiff agrees not to oppose the intervention of ASL, but otherwise preserves all of its rights under Rule 12 of the Federal Rules of Civil Procedure against ASL.
• Plaintiff will answer, or otherwise respond to, the counterclaims of both Autonomy and ASL on or before September 4, 2015.
IT IS SO STIPULATED
PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED AS FOLLOWS:
1. Defendant Hewlett-Packard Company is DISMISSED, without prejudice, in accordance with the above STIPULATION.
2. Non-party, and proposed intervenor, ASL's Motion to Intervene (Docket No. 13) is GRANTED in accordance with the above STIPULATION.