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Pragmatus Telecom, LLC v. Build. Com.

United States District Court, Ninth Circuit

May 31, 2013

PRAGMATUS TELECOM, LLC, Plaintiff,
v.
BUILD.COM., Defendant.

M. ELIZABETH DAY (SBN 177125), IAN N. FEINBERG (SBN 88324), DAVID ALBERTI (SBN 220625), SAL LIM (SBN 211836), YAKOV ZOLOTOREV (SBN 224260), MARC BELLOLI (SBN 244290), FEINBERG DAY ALBERTI & THOMPSON LLP Palo Alto, CA, Attorneys for Plaintiff PRAGMATUS TELECOM, LLC

Arthur Beeman (SBN 237996), Rachel Repka (SBN 248331), DENTONS U.S. LLP, Palo Alto, CA.

Carlos Perez-Albuerne (Pro Hac Vice), G. Mark Edgarton (Pro Hac Vice), Anita M.C. Spieth (Pro Hac Vice), CHOATE, HALL & STEWARD LLP, Boston, MA, Attorneys for Defendant BUILD.COM, INC.

ORDER APPROVING JOINT STIPULATION TO MODIFY SCHEDULING ORDER

MAXINE M. CHESNEY, District Judge

Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Pragmatus Telecom, LLC ("Progmatus") and Defendants Build.com ("Build"), hereby stipulate through their respective counsel of record as follows:

WHEREAS on March 29, 2013, the parties submitted a Joint Case Management Statement (Dkt. No. 32);

WHEREAS, on April 8, 2013 and April 9, 2013, the Court issued an Amended Civil Minutes (Dkt. No. 35) and a Pretrial Preparation Order (Dkt. No. 36), respectively, setting forth the schedule for this case;

WHEREAS, on May 17, 2013 the Court granted the parties prior joint stipulation to modify deadlines;

WHEREAS, the parties are currently engaged in discussions in an effort to resolve this mater and believe that an extension of certain deadlines set froth in he Court's Pretiral Preparation Order may aid the parties in their efforts to resolve this litigation;

WHEREAS, the parties are also considering a stipulation to transfer this case to the District of Delaware, where other related cases involving the Patents-In-Suit are pending, should the parties not reach resolution of this lawsuit; and

WHEREAS this extension will not affect the Markman hearing date, the discovery cutoff dates, or the trial date;

NOW THEREFORE the parties through their undersigned counsel hereby stipulate to, and request the Court to order, that certain deadlines, set forth in the parties Joint Case Management Statement (Dkt. No. 32), the Court's Pretrial Preparation Order (Dkt. No. 36) and the Order Approving Joint Stipulation to Modify Schedule (Dkt. No. 38), are modified as follows:

Event Current Deadline Modified Deadline Exchange of Initial Disclosures May 31, 2013 June 14, 2013 File ESI Agreement and Proposed Protective May 31, 2013 June 14, 2013 Order Pragmatus serves infringement contentions and May 31, 2013 June 14, 2013 makes document production accompanying disclosures (Patent L.R. 3-1 and 3-2)

IT IS SO STIPULATED.

CERTIFICATION PURSUANT TO GENERAL RULE NO. 45, SECTION X, RE E-FILING ON BEHALF OF MULTIPLE SIGNATORIES

In accord with the Northern District of California's General Order No. 45, Section X. (B), I attest that concurrence in the filing of this document has been obtained from each of other signatories who are listed on the signature pages.

Pursuant to General Rule No. 45, I shall maintain records to support this concurrence for subsequent production for the Court if so ordered, or for inspection upon request by a party until one year after final resolution of the action (including appeal, if any).

ORDER

Pursuant to the stipulation of the parties, it is hereby ORDERED that the certain deadlines set forth in the Court's Pretrial Preparation Order are modified as follows:

Event Current Deadline Modified Deadline Exchange of Initial Disclosures May 31, 2013 June 14, 2013 File ESI Agreement and Proposed Protective May 31, 2013 June 14, 2013 Order Pragmatus serves infringement contentions and May 31, 2013 June 14, 2013 makes document production accompanying disclosures (Patent L.R. 3-1 and 3-2)

IT IS SO ORDERED.


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