Opinion
2:22-cv-0353-RSM
01-04-2023
SECTRA COMMUNICATIONS AB, Plaintiff, v. ABSOLUTE SOFTWARE, INC. and NETMOTION SOFTWARE, INC., Defendants.
COOLEY LLP Christopher B. Durbin Heidi L. Keefe (pro hac vice pending) Reuben H. Chen (pro hac vice pending) Alexandra Leeper (pro hac vice pending) Attorneys for Defendants ABSOLUTE SOFTWARE, INC. and NETMOTION SOFTWARE, INC., CORR CRONIN LLP William R. Squires III, MCDERMOTT WILL & EMERY Stephen M. Hash (pro hac vice) Kevin J. Meek (pro hac vice) Syed K. Fareed (pro hac vice) Samoneh Schickel (pro hac vice) Jiaxiao Zhang (pro hac vice) Attorneys for Plaintiff SECTRA COMMUNICATIONS AB
COOLEY LLP Christopher B. Durbin Heidi L. Keefe (pro hac vice pending) Reuben H. Chen (pro hac vice pending) Alexandra Leeper (pro hac vice pending) Attorneys for Defendants ABSOLUTE SOFTWARE, INC. and NETMOTION SOFTWARE, INC.,
CORR CRONIN LLP William R. Squires III, MCDERMOTT WILL & EMERY Stephen M. Hash (pro hac vice) Kevin J. Meek (pro hac vice) Syed K. Fareed (pro hac vice) Samoneh Schickel (pro hac vice) Jiaxiao Zhang (pro hac vice) Attorneys for Plaintiff SECTRA COMMUNICATIONS AB
STIPULATION AND ORDER REGARDING NOTING DATE AND BRIEFING FOR DEFENDANT NETMOTION SOFTWARE, INC.'S MOTION FOR LEAVE TO AMEND COUNTERCLAIM DEADLINES
RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE
The parties to the above-captioned action (the “Parties”), submit the below stipulation pursuant to Local Civil Rule 7(l) for review and approval by the Court:
WHEREAS, the Parties have engaged in good-faith meet-and-confer discussions regarding jurisdictional discovery in connection with Defendant NetMotion Software Inc.'s (“NetMotion”) Motion for Leave to Amend Counterclaim (Dkt. No. 99) (the “Motion for Leave”) and the case contentions and claim construction deadlines, and have reached mutual agreement that certain adjustments to the case schedule are necessary to support both any required jurisdictional discovery and the effects of any discovery upon the issues in suit, and the Parties agree that the following modifications will best accomplish these goals;
WHEREAS, Plaintiff Sectra Communications AB (“Sectra”) filed a declaration from Sectra Inc. employee Tobias Englund in support of Sectra's opposition to the Motion for Leave (Dkt. No. 102-1);
WHEREAS, Sectra has agreed to make its declarant Tobias Englund available for deposition should the Court grant NetMotion's requested jurisdictional discovery;
WHEREAS, NetMotion has filed a Motion in the Alternative to Seek Jurisdictional Discovery (Dkt. No. 109) (the “Motion for Jurisdictional Discovery”), which Sectra has opposed (Dkt. No. 113);
WHEREAS, with the filing of NetMotion's Reply (Dkt. No. 117), NetMotion's Motion for Jurisdictional Discovery is fully briefed, with a noting date of October 7, 2022; however, the Court has yet to rule on the motion for jurisdictional discovery;
WHEREAS, jurisdictional discovery, if allowed, may impact the deposition of Mr. Englund;
WHEREAS, Mr. Englund's deposition, and jurisdictional discovery if allowed, may be relevant to NetMotion's pending Motion for Leave;
WHEREAS, to address any relevance of jurisdictional discovery and any Englund deposition on NetMotion's Motion for Leave, the Parties have agreed that the deadline for NetMotion's supplemental reply brief in support of the Motion for Leave should be extended further from January 9, 2023 (Dkt. No. 127) to January 30, 2023, and the deadline for Sectra's sur-reply brief in opposition to the Motion for Leave should be extended further from January 17, 2023 (Dkt. No. 127) to February 7, 2023; and
WHEREAS, to allow additional time for the Court to consider NetMotion's Motion for Jurisdictional Discovery before scheduling any deposition of Mr. Englund, the Parties agree that the Noting Date on NetMotion's Motion for Leave should be extended from January 17, 2023 (Dkt. No. 127) to February 7, 2023.
THEREFORE, the Parties hereby STIPULATE that the noting date on Defendant NetMotion Software Inc.'s motion for leave to amend be extended to February 7, 2023; that the deadline for NetMotion's supplemental reply brief in support of the motion for leave to amend be extended to January 30, 2023; and that the deadline for Sectra's sur-reply brief in opposition to the motion for leave to amend be extended to February 7, 2023;
SO STIPULATED.