Vertical Computer Systems Inc (fka VCSY)

[lbman]

courtesy of JonnyQwan, Raging Bull #331852:

New Pacer out of San Francisco......


FOR THE NORTHERN DISTRICT OF CALIFORNIA
INTERWOVEN, INC.,
Plaintiff,
v.
VERTICAL COMPUTER SYSTEMS, INC.,
Defendant.
Case No. 3:10-cv-04645-RS
STIPULATED REQUEST FOR ORDER CHANGING TIME AND [PROPOSED] ORDER; DECLARATION OF VASILIOS D. DOSSAS IN SUPPORT
JURY TRIAL DEMANDED
Case3:10-cv-04645-RS Document124 Filed09/07/12 Page1 of 8
STIPULATED REQUEST FOR ORDER CHANGING TIME
CASE NO. 3:10-CV-04645-RS - 2 -
STIPULATED REQEUST FOR ORDER CHANGING TIME
Pursuant to Local Rule 6-2 of the 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 of record, jointly request the Court for an extension of time for the deadline for the completion of fact discovery from October 12, 2012 to October 26, 2012. This requested extension of time does not impact any other dates in the Court’s Case Management Schedule (which will remain as set forth below). See Dkt. Nos. 117, 123.
• On or before December 7, 2012, the Parties shall disclose expert testimony and reports on issues for which the Parties bear the burden of proof in accordance with Federal Rule of Civil Procedure 26(a)(2).
• On or before January 18, 2013, the Parties shall disclose expert testimony and reports on issues for which the Parties do not bear the burden of proof in accordance with Federal Rule of Civil Procedure 26(a)(2).
• On or before February 15, 2013, all discovery of expert witnesses pursuant to Federal Rule of Civil Procedure 26(b)(4) shall be completed.
The parties hereby jointly request the Court for a brief extension for the deadline for the completion of fact discovery because principal counsel for Vertical will be out of the country from October 3, 2012 through October 13, 2012, a time period that includes the last eleven days of fact discovery.1 This short continuance will provide additional time to complete fact
1 Vertical also seeks an extension of fact discovery based on difficulties in scheduling depositions. Vertical has factual support for this additional ground, but has withheld presenting it in light of the agreement reached on the extension. Interwoven disagrees with the additional ground and believes the parties would have been able to finish discovery by the deadline but for Counsel for Vertical’s existing travel plans. Thus, Interwoven does not stipulate to the alleged scheduling difficulties as a basis for the requested extension. However, Interwoven has agreed to this request for an extension out of professional courtesy and in the spirit of cooperation.
Case3:10-cv-04645-RS Document124 Filed09/07/12 Page2 of 8
STIPULATED REQUEST FOR ORDER CHANGING TIME
CASE NO. 3:10-CV-04645-RS - 3 -
discovery. The Declaration of Vasilios D. Dossas provides the information required by Civil L.R. 6-2(a)(1)-(3). The parties' stipulated request herein is not made for purposes of delay or harassment, but is based in good faith upon the grounds stated above. For these reasons, the parties respectfully request an Order from this Court changing the date for the parties' deadline for the completion of fact discovery from October 12, 2012 to October 26, 2012.
Date: September 7, 2012
Respectfully submitted,
/s/ Vasilios D. Dossas MARK V. ISOLA (SBN 154614) [e-mail] REHON &ROBERTS, APC 830 The Alameda San Jose, CA 95126 Telephone: [phone] VASILIOS D. DOSSAS (Pro Hac Vice) [e-mail] NIRO, HALLER &NIRO 181 West Madison, Suite 4600 Chicago, IL 60602-4515 Telephone: [phone] Attorneys for Vertical Computer Systems, Inc.
Date: September 7, 2012
Respectfully submitted, /s/ Thomas C. Flynn
BIJAL V. VAKIL (Cal. Bar No. 192878) [e-mail] NOAH A. BRUMFIELD (Cal. Bar No. 203653) [e-mail] JENNIFER P. GOSSAIN (Cal. Bar No. 254174) [e-mail] THOMAS C. FLYNN (Cal. Bar. No. 257945) [e-mail] WHITE &CASE LLP 3000 El Camino Real 5 Palo Alto Square, 9th Floor Palo Alto, CA 94306 Telephone: [phone] Attorneys for Plaintiff, Interwoven, Inc.
Case3:10-cv-04645-RS Document124 Filed09/07/12 Page3 of 8
STIPULATED REQUEST FOR ORDER CHANGING TIME
CASE NO. 3:10-CV-04645-RS - 1 -
The Court finds that the Stipulated Request for an Order Changing Time is well taken and should be GRANTED.
PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
Dated: _________________________
______________________________ Honorable Richard Seeborg United States District Court Judge
Case3:10-cv-04645-RS Document124 Filed09/07/12 Page4 of 8
ATTESTATION
CASE NO. 3:10-CV-04645-RS - 1 -
ATTESTATION CLAUSE
I, Vasilios D. Dossas, hereby attest in accordance with General Order No. 45.X.B that Thomas C. Flynn, counsel for Interwoven, Inc., has provided his concurrence with the electronic filing of the foregoing document entitled STIPULATED REQUEST FOR ORDER CHANGING TIME AND [PROPOSED] ORDER; DECLARATION OF VASILIOS D. DOSSAS IN SUPPORT.
Dated: September 7, 2012
By: /s/ Vasilios D. Dossas Vasilios D. Dossas
Case3:10-cv-04645-RS Document124 Filed09/07/12 Page5 of 8
DOSSAS DECLARATION IN SUPPORT OF STIPULATED REQUEST
FOR ORDER CHANGING TIME
CASE NO. 3:10-CV-04645-RS
MARK V. ISOLA (SBN 154614)
[e-mail]
REHON &ROBERTS, APC
830 The Alameda
San Jose, CA 95126
Telephone: [phone]
Facsimile: [phone]
VASILIOS D. DOSSAS (Pro Hac Vice)
[e-mail]
NIRO, HALLER &NIRO
181 West Madison, Suite 4600
Chicago, IL 60602-4515
Telephone: [phone]
Facsimile: [phone]
Attorneys for Vertical Computer Systems, Inc.
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
INTERWOVEN, INC.,
Plaintiff,
v.
VERTICAL COMPUTER SYSTEMS, INC.,
Defendant.
Case No. 3:10-cv-04645-RS
DECLARATION OF VASILIOS D. DOSSAS IN SUPPORT OF STIPULATED REQUEST FOR ORDER CHANGING TIME
JURY TRIAL DEMANDED
I Vasilios D. Dossas, declare as follows:
1. I am a partner at the law firm of Niro, Haller & Niro, counsel of record for Defendant, Vertical Computer Systems, Inc. ("Vertical") in this matter. I make declaration in support of the parties' Stipulated Request for an Order Changing Time. I make the following declaration based upon my personal knowledge, and could and would testify thereto under oath if called upon to do so.
2. The parties now seek to an extension of time for the deadline of completion of fact discovery from October 12, 2012 to October 26, 2012.
Case3:10-cv-04645-RS Document124 Filed09/07/12 Page6 of 8
DOSSAS DECLARATION IN SUPPORT OF STIPULATED REQUEST
FOR ORDER CHANGING TIME
CASE NO. 3:10-CV-04645-RS
- 2 -
3. This requested extension of time does not impact any other dates relating to the Case Management Schedule as set by the Court on May 25, 2012 and July 24, 2012. See Dkt. Nos. 117, 123. The remaining scheduled dates are set forth below:
• On or before December 7, 2012, the Parties shall disclose expert testimony and reports on issues for which the Parties bear the burden of proof in accordance with Federal Rule of Civil Procedure 26(a)(2).
• On or before January 18, 2013, the Parties shall disclose expert testimony and reports on issues for which the Parties do not bear the burden of proof in accordance with Federal Rule of Civil Procedure 26(a)(2).
• On or before February 15, 2013, all discovery of expert witnesses pursuant to Federal Rule of Civil Procedure 26(b)(4) shall be completed.
4. The parties jointly request the foregoing time modification because of principal counsel for Vertical will be out of the country from October 3, 2012 through October 13, 2012. Vertical further requests the foregoing time modification because of difficulties in scheduling depositions. The parties have previously stipulated to the following extensions of time:
• To extend the hearing date for the Interwoven’s motion to enjoin Vertical Computer Systems, Inc. (“Vertical”) from pursuing duplicative litigation and Vertical’s motion to transfer venue, or in the alternative, dismiss from January 13, 2011 to January 20, 2011. See Dkt. 20.
• To continue the Case Management Conference (“CMC”) from April 14, 2011 to April 28, 2011. See Dkt. 53.
• To continue the date for the parties' filing of their joint claim construction and prehearing statement from September 12, 2011 to October 10, 2011. See Dkt. 73.
Case3:10-cv-04645-RS Document124 Filed09/07/12 Page7 of 8
DOSSAS DECLARATION IN SUPPORT OF STIPULATED REQUEST
FOR ORDER CHANGING TIME
CASE NO. 3:10-CV-04645-RS
- 3 -
• To file amended contentions - August 31, 2012 for Vertical to serve its amended Infringement Contentions; and September 15, 2012 for Interwoven to serve its amended Invalidity Contentions. See Dkt. 123.
5. The parties’ stipulated request herein is not made for purposes of delay or harassment, but is based in good faith upon the grounds stated above.
6. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
Dated: September 7, 2012
By: /s/ Vasilios D. Dossas Vasilios D. Dossas
Case3:10-cv-04645-RS Document124 Filed09/07/12 Page8 of 8