IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
August 5, 2011
VERTICAL COMPUTER SYSTEMS, INC., DEFENDANT.
The opinion of the court was delivered by: Honorable Richard Seeborg United States District Court
REHON & ROBERTS, APC Mark V. Isola (SBN 154614) email@example.com 830 The Alameda San Jose, CA 95126 Phone: (408) 494-0900 Fax: (408) 494-0909 NIRO, HALLER & NIRO Vasilios D. Dossas (Pro Hac Vice) firstname.lastname@example.org 181 West Madison, Suite 4600 Chicago, IL 60602-4515 Phone: (312) 236-0733 Fax: (312) 236-3137 Attorneys for Defendant Vertical Computer Systems, Inc.
STIPULATION TO CONSOLIDATE
CASES AND VACATE CASE
Defendant, Vertical Computer Systems, Inc. ("Vertical") and Plaintiff, Interwoven Inc. ("Interwoven") respectfully request that the Court consolidate the second action entitled, Vertical Computer Systems, Inc. v. Interwoven Inc., Case No. 4:11-cv-2425-RS (U.S. District Court for 19 the Northern District of San Francisco) ("second action") into the existing action entitled, Interwoven, Inc. v. Vertical Computer Systems, Inc., Case No. 3:10-cv-4645-RS (U.S. District 21 Court for the Northern District of California, San Francisco Division) ("existing action"). While Defendant Interwoven Inc. opposes the request to consolidate in light of the existing action, it 23 agrees to this stipulation based on representations by Vertical that it will voluntarily dismiss the 24 second action (within three business days) when the Federal Circuit issues its order denying Vertical's writ of mandamus in the existing action in an effort to reduce the burdens on this Court.*fn1 Conversely, Vertical represents that when the Federal Circuit issues its order granting Vertical's writ of mandamus in the existing action, it will transfer the second action back to the Texas court in which it was commenced, and seek to have the existing action dismissed.*fn2
These two actions present essentially the same issues, the second action being the 6 transferred Vertical action which Vertical initiated in Texas and the existing action being the 7 declaratory judgment action that Interwoven initiated.
Vertical and Interwoven further request that the Court vacate the Case Management Conference set for August 11, 2011, in the second action as they have already completed these 10 matters in the existing action.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: August __, 2011