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Adobe Systems Incorporated v. Evaluesoftware. Com, LLC

United States District Court, N.D. California

February 25, 2014

ADOBE SYSTEMS INCORPORATED, a Delaware Corporation, Plaintiff,
v.
EVALUESOFTWARE.COM, LLC, a Nevada Limited Liability Company; JUSTIN CATES, an Individual; and DOES 1-10, Inclusive, Defendants.

JOHNSON & PHAM, LLP, Christopher Q. Pham, SBN: 206697, Marcus F. ChaneyM, SBN: 245227, Woodland Hills, California, Attorneys for Plaintiff, ADOBE SYSTEMS INCORPORATED.

HEFFERNAN SEUBERT & FRENCH, LLP, William J. Frimel, SBN: 160287, Menlo Park, California, Attorneys for Defendant. EVALUESOFTWARE.COM, LLC.

SECOND STIPULATED REQUEST TO RE-SCHEDULE CASE MANAGEMENT CONFERENCE AND ALL RELATED DATES INCLUDING DEFENDANTS' TIME IN WHICH TO RESPOND TO COMPLAINT

SUSAN ILLSTON, District Judge.

Plaintiff Adobe Systems Incorporated ("Plaintiff") and Defendant eValueSoftware.com, LLC ("eValueSoftware") (collectively, the "Parties"), by and through their respective counsel of record, hereby stipulate and agree as follows:

RECITALS

On December 6, 2013, the Parties filed a Stipulated Request to Re-schedule Case Management Conference and all Related Dates. Specifically, the Parties requested and agreed that the December 13, 2013, Case Management Conference ("CMC") shall be taken off calendar and continued to a date to be determined by the Court (Document #18).

On December 9, 2013, the Court entered its Order (1) continuing the CMC date from December 13, 2013 to February 28, 2014 (Document #19), based upon good cause shown that the Parties were negotiating a Stipulated Preliminary Injunction that would prevent Defendant eValueSoftware and its representatives, including Justin Cates, from marketing, advertising, offering for sale, selling, and/or distributing any Adobe software and related products; and (2) extending the time for Defendants to respond to the Complaint.

On January 31, 2014, the Parties filed their Stipulation and [Proposed] Preliminary Injunction with the Court (Document #20).

On February 3, 2014, the Court granted the Parties' Stipulation and entered the Preliminary Injunction against Defendants for a period of 120 days, up to and including June 4, 2014 (Document #21). Pursuant to paragraph 4 of the Preliminary Injunction Order, the parties were ordered to "endeavor to reach a settlement and full release of all claims during this interim period."

On February 17, 2014, eValueSoftware disclosed all of its prior sales of Adobe related software for settlement purposes to Plaintiff. The Parties have agreed to conduct an inspection of eValueSoftware's remaining Adobe software inventory and to participate in a settlement meeting with Parties and counsel to take place on Thursday, February 27, 2014, in the State of Utah in an effort to try and resolve this matter.

Good cause exists to re-schedule the CMC presently scheduled in this action on February 28, 2014, at 2:30 P.M. in Courtroom 10, 19th Floor, San Francisco, and all related dates, including Defendants' time in which to respond to the Complaint, because the inspection of Defendants' inventory and settlement meeting will be taking place out of state on the date prior to the currently scheduled CMC. Accordingly, the resources of the parties and the Court are best conserved by the requested continuance, which does not prejudice the rights of any party and furthers the Parties' continued efforts and attempts at reaching a resolution to this matter.

AGREEMENT

1. Plaintiff and eValueSoftware agree that the presently set February 28, 2014 CMC shall be taken off calendar and continued to a date to be determined by the Court.

2. Defendants shall have until April 18, 2014, to file their responses to the Complaint, which may include motions to transfer and/or to dismiss the action. If the motions to transfer and dismiss are denied, Plaintiff and eValueSoftware agree that the CMC and all related dates shall be rescheduled for a date after the ruling on defendants' motions.

[PROPOSED] ORDER GRANTING SECOND STIPULATED REQUEST TO RE-SCHEDULE CASE MANAGEMENT CONFERENCE AND CONTINUE TIME FOR DEFENDANTS' RESPONSIVE PLEADINGS

The Court, having read and considered the Second Stipulated Request to Re-Schedule Case Management Conference and Continue Time for Defendants' Responsive Pleading filed by Plaintiff Adobe Systems Incorporated ("Plaintiff") and Defendant eVauleSoftware.com, LLC ("eValueSoftware"), and good cause being found, hereby GRANTS the stipulated request.

IT IS HEREBY ORDERED that the Case Management Conference presently scheduled on February 28, 2014, shall be continued to a date to be determined by the Court and Defendants shall have until and including April 18, 2014, to respond to the Complaint.


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