UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN JOSE)
November 19, 2010
ADOBE SYSTEMS INCORPORATED, PLAINTIFF,
ADAM CHILDERS, AN INDIVIDUAL AND D/B/A WWW.SOFTWAREMEDIA.COM; SOFTWAREMEDIA.COM, INC. AND DOES 1 -- 10, INCLUSIVE, DEFENDANTS.
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER Date: December 3, 2010 Time: 10:30 a.m.
Court: Hon. Jeremy Fogel
PLAINTIFF Adobe Systems Incorporated ("Plaintiff") and Defendants Adam Childers, an individual and d/b/a www.softwaremedia.com, and SoftwareMedia.com, 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 Defendants received copies of the Summons and Complaint on or about September 27, 2010, apprising them of this Action;
WHEREAS Defendants filed a Motion to Dismiss for Lack of Personal Jurisdiction, Improper Venue and Insufficient Process, or in the Alternative, Motion to Transfer Venue ("Motion") on or about October 18, 2010;
WHEREAS the hearing on Defendants' Motion is set for January 7, 2011;
WHEREAS Defendants have not yet filed an Answer;
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 as well as for the Court to hear Defendants' Motion; and
PROOF OF SERVICE
I, the undersigned, certify and declare that I am over the age of 18 years, employed in the County of Los Angeles, and not a party to the above-entitled cause. I am employed by a member of the Bar of the United States District Court of California. My business address is 517 E. Wilson Ave., Suite 202, Glendale, California 91206.
On November 17, 2010, I served on the interested parties in this action with the:
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND
for the following civil action:
by placing a true copy thereof in an envelope to be immediately sealed thereafter. I am readily familiar with the office's practice of collecting and processing correspondence for mailing. Under that practice it would be deposited with the United States Postal Service on the same day with postage thereon fully prepaid at Glendale, California in the ordinary course of business. I am aware that on motion of the party served, service presumed invalid if postal cancellation date or postage meter is more than one day after date of deposit for mailing in affidavit.
Derek H. Lim Melissa A. Horst Burnham Brown P.O. Box 119 Oakland, CA 94604 Maralyn M. English Snow, Christensen & Martineau 10 Exchange Place, Eleventh Floor P.O. Box 45000 Salt Lake City, UT 84145
Place of Mailing: Glendale, California.
Executed on November 17, 2010, at Glendale, California.
Nicole L. Drey
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