Vertical Computer Systems Inc (fka VCSY)

[lbman]

Courtesy of JonnyQwan Raging bull #361713:

New PACER entries from SF....


SAN FRANCISCO DIVISION
INTERWOVEN, INC.,
Plaintiff,
vs.
VERTICAL COMPUTER SYSTEMS, INC.,
Defendant.

Civil Case No. 3:10-cv-04645 RS
JOINT STIPULATED REQUST FOR
EXTENSION OF TIME AND TO SET
HEARING DATE FOR PRETRIAL
MOTIONS AND [PROPOSED] ORDER
HON. RICHARD SEEBORG
Case3:10-cv-04645-RS Document160 Filed03/21/13 Page1 of 5
WHITE & CASE LLP
ATTORNEYS AT LAW


PALOALTO 145780 (2K)
2 JOINT STIPULATED REQUEST
FOR EXTENSION AND TO SET HEARING DATE
CASE NO. 3:10-CV-04645 RS
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.1
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.
1 Vertical does not currently intend to file a Motion for Summary Judgment.
Case3:10-cv-04645-RS Document160 Filed03/21/13 Page2 of 5
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ATTORNEYS AT LAW

PALOALTO 145780 (2K)
3 JOINT STIPULATED REQUEST
FOR EXTENSION AND TO SET HEARING DATE
CASE NO. 3:10-CV-04645 RS
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.
Dated: March 21, 2013
Respectfully submitted,
WHITE & CASE LLP
By: /s/ Bijal V. Vakil
BIJAL V. VAKIL
ATTORNEYS FOR PLAINTIFF AND COUNTERCLAIMDEFENDANT
INTERWOVEN, INC.
Dated: March 21, 2013
NIRO, HALLER & NIRO, LTD.
By: /s/ Vasilios D. Dossas
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
Dated: March 21, 2013 By: /s/ Bijal V. Vakil
BIJAL V. VAKIL
Case3:10-cv-04645-RS Document160 Filed03/21/13 Page3 of 5
WHITE & CASE LLP
ATTORNEYS AT LAW

PALOALTO 145780 (2K)
4 JOINT STIPULATED REQUEST
FOR EXTENSION AND TO SET HEARING DATE
CASE NO. 3:10-CV-04645 RS
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 [______], 2013 at
[__________].
PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
Dated: _________________________ ______________________________
Honorable Richard Seeborg
United States District Court Judge
Case3:10-cv-04645-RS Document160 Filed03/21/13 Page4 of 5
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ATTORNEYS AT LAW

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5 CERTIFICATE OF SERVICE
CASE NO. 3:10-CV-4645-RS
CERTIFICATE OF SERVICE
I, Veronica Farias, hereby certify that I am a resident of the State of California and over
the age of eighteen years, and not a party to the within action; my business address is 3000 El
Camino Real, 5 Palo Alto Sq., 9th Floor, Palo Alto, California, 94306. On March 21, 2013, I
caused to be served the within documents:
• JOINT STIPULATED REQUST FOR EXTENSION OF TIME AND TO
SET HEARING DATE FOR PRETRIAL MOTIONS AND [PROPOSED]
ORDER
• DECLARATION OF BIJAL V. VAKIL IN SUPPORT OF JOINT
STIPULATED REQUST FOR EXTENSION OF TIME AND TO SET
HEARING DATE FOR PRETRIAL MOTIONS
 (BY ELECTRONIC TRANSMISSION) by electronically mailing a true and correct
copy through White & Case LLP’s electronic mail system at the e-mail address(es) set
forth below.
COUNSEL FOR VERTICAL COMPUTER SYSTEMS, INC.
Mark V. Isola
[e-mail]
Rehon & Roberts
830 The Alameda
San Jose, CA 95126
Telephone: [phone]
Facsimile: [phone]
Vasilios D. Dossas [Pro Hac Vice]
[e-mail]
Niro, Haller & Niro, Ltd.
181 West Madison, Suite 4600
Chicago, IL 60602-4515
Telephone: [phone]
Facsimile: [phone]
I declare that I am employed in the office of a member of the bar of this court at whose
direction the service was made.
Executed on March 21, 2013, at Palo Alto, California.
Veronica Farias