STIPULATED REQUEST TO RESCHEDULE INITIAL CASE MANAGEMENT CONFERENCE FROM APRIL 26, 2013 TO MAY 17, 2013 AND MODIFY BRIEFING SCHEDULE REGARDING MOTION TO DISMISS AND [PROPOSED] ORDER
WHEREAS, Plaintiff Meraki, Inc. ("Meraki") initiated this action for declaratory judgment 26 of noninfringement and invalidity of three United States patents owned by Defendant ClearPath 27 Networks, Inc. ("ClearPath") on January 10, 2013; 28 2 parent company Cisco Systems, Inc. on the same three United States patents on January 14, 2013, 3 in the United States District Court for the Central District of California ("Central District 4
WHEREAS, the parties have previously submitted three stipulations to extend time for ClearPath to respond to the Complaint (Dkt. Nos. 13, 15, and 16) pending settlement discussions; 7
WHEREAS, ClearPath initiated an action alleging infringement against Meraki and its Action"); 5
WHEREAS, on April 1, 2013, ClearPath filed a Motion to Dismiss Based on the Anticipatory Lawsuit Exception to the First-to-file Rule (Dkt. No. 19); 9 2013, at 9:00 a.m.; 11 12 mediate within 90 days of the date in which an ADR order is issued in this case; 13 14 deadlines in the Central District Action pending resolution of ClearPath's motion to dismiss in this 15 action; 16
WHEREAS, the parties have agreed to modify the briefing schedule for the motion to 17 dismiss such that Meraki's opposition will be due April 24, 2013, and ClearPath's reply will be 18 due May 6, 2013; 19
WHEREAS, pursuant to the Clerk's Notice of January 28, 2013 (Dkt. No. 11), the parties 20 to this action are scheduled to appear before the Court for a Case Management Conference on 21
WHEREAS, the parties believe there is good cause, in terms of efficiency and additional 23 time to pursue settlement, to reschedule the Case Management Conference before this Court to the 24 same date and, to the extent the Court is amenable, the same time as the hearing on ClearPath's 25 motion to dismiss on May 17, 2013; 26
WHEREAS, ClearPath's motion to dismiss is currently scheduled for a hearing on May 17,
WHEREAS, the parties continue to engage in settlement discussions and have agreed to
WHEREAS, to avoid duplicative motion practice, the parties have also agreed to extend all April 26, 2013, at 2:30 p.m.; 22
IT IS HEREBY STIPULATED AND AGREED, pursuant to Civil Local Rule 6-1, by Plaintiff Meraki and Defendant ClearPath, through their respective counsel, that the briefing 28 schedule for ClearPath's motion to dismiss is modified such that Meraki's opposition is now due April 24, 2013, and ClearPath's reply is now due May 6, 2013. The parties further stipulate and 2 agree that the Case Management Conference currently scheduled before this Court for April 26, 3 2013, at 2:30 p.m., shall be rescheduled to May 17, 2013, at 9:00 2:30 a.m., p.m. or such other time as may be convenient for the Court. 5 6
Dated: April 10, 2013 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 4 7 8 By: /s/ Stefani E. Shanberg 9 Stefani E. Shanberg 10 Attorneys for Plaintiff MERAKI, INC. 11 12 Dated: April 10, 2013 MITCHELL SILBERBERG & KNUPP LLP 13 By: /s/KevinE.Gaut 14 KevinE.Gaut 15 Attorneys for Defendant CLEARPATH NETWORKS, INC.
Pursuant to stipulation, IT IS ...