STIPULATED REQUEST TO CONTINUE THE CASE MANAGEMENT CONFERENCE AND EXTEND TIME FOR PLAINTIFF TO RESPOND TO DEFENDANTS' FIRST AMENDED COUNTERCLAIMS DEMAND FOR JURY TRIAL
Case Management Conference: 7/2/2009 at 3:30 P.M.
Joint Case Management Statement: 6/25/2009.
Pursuant to Local Rule 6-2, plaintiff ActivIdentity Corporation ("ActivIdentity") and defendants Intercede Group PLC and Intercede Ltd. (collectively, "Intercede") submit this stipulated request to continue the date of the case management conference and to extend the time for Plaintiff to file answer, move or otherwise respond to Defendants' respective First Amended Counterclaims.
A. The Parties Stipulate and Request to Continue the Case Management Conference to June 25, 2009
This is the parties' first request to continue the date of the case management conference. A history of previous time modifications to the case management conference is as follows:
On October 1, 2008, ActivIdentity filed its complaint for patent infringement against Defendants and a case management conference was scheduled for January 27, 2009 with Magistrate Judge Lloyd. See Docket Nos. 1 and 3.
After reassignment to this Court, on November 12, 2008, the case management conference was scheduled for February 26, 2009. See Docket No. 11.
On December 22, 2008, the Clerk issued a notice continuing the case management conference to March 19, 2009. See Docket No. 14.
On February 9, 2009, ActivIdentity filed a motion to dismiss Intercede's counterclaims and strike affirmative defenses; after which, the clerk vacated the March 19, 2009 case management conference date. See Docket No. 18.
On March 26, 2009, Intercede filed their opposition to the motion to dismiss along with their First Amended Answers and Counterclaims and accordingly, ActivIdentity withdrew its motion to dismiss on March 30, 2009. See Docket Nos. 20, 21, 22, 23, and 26. On March 30, 2009, the clerk issued a notice scheduling the case management conference for April 16, 2009.
The parties have stipulated and request to continue the case management conference to June 25, 2009 due to scheduling conflicts. Additionally, the current date for the case management conference requires that the parties submit a joint statement prior to the close of the pleadings. The joint statement is currently due on April 9, 2009 -- almost one week before ActivIdentity's current deadline for responding to the First Amended Counterclaims. See Chung-Han Decl., ¶ 2. Thus, the current April 16, 2009 case management conference date would not allow the parties to address ActivIdentity's response and possible defenses to the First Amended Counterclaims in the joint statement. The parties have met and conferred regarding scheduling matters in this case, and considering the Court's calendar and counsels' respective schedules, the first available date on the Court's calendar for a case management conference is June 25, 2009. See Chung-Han Decl., ¶¶ 4-6. Accordingly, the parties stipulate and request to continue the case management conference to June 25, 2009.
July 2, 2009. Statement due 6/25/09
B. The Parties Have Stipulated and Request to Extend the Time for ActivIdentity to Respond to the First Amended Counterclaims
This is the first request to extend the time for ActivIdentity to respond to Intercede's counterclaims and there have been no previous time modifications regarding this deadline. The parties had previously stipulated to extend the time for Intercede to respond to ActivIdentity's complaint from November 12, 2008 to January 19, 2009. See Docket No. 10. If the case management conference is continued, as requested, the requested extension would not affect any deadlines in this case. Accordingly, the parties stipulate and request to ...