UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO)
November 3, 2010
ADOBE SYSTEMS INCORPORATED, PLAINTIFF,
REZA DAVACHI, AN INDIVIDUAL AND D/B/A PROJECTCONTACTAFRICA; BAHAREH DAVACHI, AN INDIVIDUAL AND D/B/A PROJECTCONTACTAFRICA; GAYLE BARNES, AN INDIVIDUAL AND D/B/A WWW.DIRECTDEALS.COM; DIRECTDEALS, LLC; G.W.J. SOURCENET DISTRIBUTION, INC.; AND DOES 1 -- 10, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Hon. Samuel Conti
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER
Date: November 19, 2010
PLAINTIFF Adobe Systems Incorporated ("Plaintiff") and Defendants Reza Davachi, an individual and d/b/a ProjectContactAfrica; Bahareh Davachi, an individual and d/b/a ProjectContactAfrica; Gayle Barnes, an individual and d/b/a www.directdeals.com; DirectDeals, LLC; and W.J. Sourcenet Distribution, Inc. (collectively "Defendants"), by and through their respective counsel of record, hereby stipulate and agree as follows:
WHEREAS Plaintiff filed its complaint on or about August 13, 2010;
WHEREAS Plaintiff is to serve Defendants on or before December 11, 2010;
WHEREAS Defendants' counsel agreed to accept service for all Defendants;
WHEREAS Plaintiff mailed a waiver of service to Defendants on or about October 18, 2010;
WHEREAS Defendants have not yet returned the waiver of service and have until November 17, 2010, to do so;
WHEREAS, upon return of the waiver of service within the prescribed timeframe, Defendants shall have until December 17, 2010, to respond to the Complaint;
WHEREAS Defendants have not yet filed a response to the Complaint;
WHEREAS counsel for the Parties held a telephonic conference on October 29, 2010, to discuss the Court's Order Setting Initial Case Management Conference and ADR Deadlines of August 13, 2010 ("Court's Order");
WHEREAS, pursuant to the Court's Order, the Parties are required to file the Stipulation to ADR Process on or about October 29, 2010;
WHEREAS, given the fact that none of the Defendants have filed yet filed an answer or otherwise appeared in this case, Defendants are unwilling to sign the Stipulation to ADR Process and consent to jurisdiction in the Northern District of California prematurely before they have assessed all defenses available to them, including whether exercise of jurisdiction over Defendants is proper in this District;
WHEREAS the Parties are attempting to resolve the claims alleged in the Complaint without further intervention of the Court;
WHEREAS continuing the Case Management Conference and all corresponding deadlines will provide the Parties with additional time to engage in discussions to resolve this matter; and
NOW, THEREFORE, Plaintiff and Defendants stipulate and request the Court continue the Joint Case Management Conference for approximately ninety (90) days, or not earlier than February 18, 2011.
IT IS SO STIPULATED.
DATED: October 29, 2010
J. Andrew Coombs, A Professional Corp. Nicole L. Drey J. Andrew Coombs Attorneys for Plaintiff Adobe Systems Incorporated
Lewis and Roca LLP John Krieger Attorney for Defendants Reza Davachi, an individual and d/b/a ProjectContactAfrica; Bahareh Davachi, an individual and d/b/a ProjectContactAfrica; Gayle Barnes, an individual and d/b/a www.directdeals.com; DirectDeals, LLC; and G.W.J. Sourcenet Distribution, Inc.
PURSUANT TO REQUEST, IT IS SO ORDERED.
Hon. Samuel Conti UNITED STATES DISTRICT JUDGE
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