Case 5:18-md-02834-BLF Document 64 Filed 08/27/18 Page 1 of 4
`
`Richard Basile (2268722NY)
`rbasile@murthalaw.com
`Murtha Cullina LLP
`177 Broad Street
`Stamford, CT 06901
`Telephone: 203.653.5412
`Facsimile: 203.653.5400
`
`Attorney for NRT LLC
`and NRT NEW YORK LLC
`
`UNITED STATES DISTRICT COURT
`NOTHERN DISTRICT OF CALIFORINIA
`SAN JOSE DIVISION
`
`IN RE: PERSONAL WEB TECHNOLOGIES,
`LLC ET AL., PATENT LITIGATION,
`
`MULTI DISTRICT LITIGATION
`Case No.: 5:18-MD-02834 -BLF
`
`This document relates to the matter captioned
`Personal Web Technologies, LLC and Level 3
`Communications, LLC, C.A. No. 18-cv-1144-
`GMS, transferred from the United States
`District Court for the District of Delaware.
`
`JOINT STIPULATION EXTENDING
`TIME FOR DEFENDANTS NRT LLC
`AND NRT NEW YORK LLC, D/B/A CITI
`HABITATS, TO RESPOND TO
`COMPLAINT
`
`Pursuant to Civil L.R. 6-1(a), the undersigned parties to this multidistrict litigation (the
`"Parties") hereby stipulate and recite as follows:
`WHEREAS, on or about August 1, 2018, Plaintiffs Personal Web Technologies, LLC
`and Level 3 Communications, LLC ("Plaintiffs") commenced an action against NRT LLC and
`NRT New York LLC (d/b/a Citi Habitats) ("NRT Defendants"), by filing a complaint in the
`United States District Court for the District of Delaware, Docket No. 18-cv-1144-GMS
`("Delaware Action"), which was served on the NRT Defendants on or about August 2, 2018;
`WHEREAS, on or about August 10, 2018, Plaintiffs filed a Notice of Filing Notice of
`Potential "Tag-Along Actions" with the Judicial Panel on Multidistrict Litigation, naming the
`Delaware Action as one of several recently-filed actions that were related to the above-
`captioned Multidistrict Litigation proceeding in the Northern District of California, referred to
`
`Joint Stipulation Extending Time
`For Defendants To Respond To Complaint
`9447340v1
`
`1
`
`Case No. 5:18-MD-02834 -BLF
`
`S D ISTRICT
`
`C O
`
`E
`
`T
`
`A
`
`S T
`
`A P P R O V E D
`
`D
`
`UNITE
`
`N O R
`
`T
`
`J u d g e B e t h L a b s o n F r e e m a n
`C ALIF
`
`U
`
`R
`
`T
`
`ORNIA
`
`F
`
`O
`
`H ER
`
`N
`
`DISTRI C T
`
`

`

`Case 5:18-md-02834-BLF Document 64 Filed 08/27/18 Page 2 of 4
`
`as In re PersonalWeb Technologies, LLC et al., Patent Litigation, Case No. 18-md-02834-BLF
`(the "Multidistrict Litigation");
`WHEREAS, the parties agree that this lawsuit is a tag-along action to the Multidistrict
`Litigation;
`WHEREAS, on or about August 15, 2018, the Judicial Panel on Multidistrict Litigation
`issued a Conditional Transfer Order;
`WHEREAS, on or about August 20, 2018, the United States District Court for the
`District of Delaware (Sleet, J.) entered an order electronically transferring the Delaware Action
`to this Court for further coordinated or consolidated proceedings in the Multidistrict Litigation;
`WHEREAS, previously on July 13, 2018, the court in the Multidistrict Litigation issued
`an Order granting a joint stipulation continuing the Preliminary Case Management Conference
`in the Multidistrict Litigation (Dkt. No. 26, the "Continued CMC Order");
`WHEREAS, as part of the Continued CMC Order, the Multidistrict Litigation court
`permitted the parties to file a stipulation extending any defendant's deadline to respond to the
`complaint up to a date that is two weeks after the Preliminary Case Management Conference
`without obtaining a court order (Id.);
`WHEREAS, on July 18, 2018, the MDL court issued an Order setting the Preliminary
`Case Management Conference for September 20, 2018 (MDL, Dkt. No. 28, the "Reset CMC
`Order");
`WHEREAS, the Preliminary Case Management Conference in this action is currently
`scheduled for September 20, 2018, and two weeks thereafter is October 4, 2018;
`WHEREAS, pursuant to a stipulation that was then made part of the Continued CMC
`Order, this Court also agreed to stay all cases that were part of this Multidistrict Litigation until
`September 20, 2018;
`
`WHEREAS, the NRT Defendants agree to join in the preparation of the Preliminary
`Case Management Conference Statement in the MDL, currently due one week before the
`MDL's Preliminary Case Management Conference on September 13, 2018;
`
`Joint Stipulation Extending Time
`For Defendants To Respond To Complaint
`9447340v1
`
`2
`
`Case No. 5:18-MD-02834 -BLF
`
`

`

`Case 5:18-md-02834-BLF Document 64 Filed 08/27/18 Page 3 of 4
`
`WHEREAS, the NRT Defendants further agree to attend and participate in the MDL's
`Preliminary Case Management Conference currently scheduled for September 20, 2018;
`WHEREAS, this Court previously accepted a Joint Stipulation, dated August 17, 2018
`(ECF # 39) between Plaintiffs and numerous other named defendants in this Multidistrict
`Litigation, extending the deadline for each such defendant to respond to the operative
`Complaint until two weeks after the date of the Preliminary Case Management Conference;
`WHEREAS, the NRT Defendants' current response deadline is August 23, 2018;
`WHEREAS, the NRT Defendants have requested, and the Plaintiffs have agreed to, an
`extension of time up to and including October 4, 2018 to file an answer or otherwise respond to
`the operative Complaint in this action;
`THE PARTIES HEREBY STIPULATE and jointly request that the NRT Defendants
`shall have up to and including October 4, 2018 to submit an answer or otherwise response to
`the operative Complaint in this action.
`
`Dated this 23rd of August, 2018.
`
`Respectfully submitted,
`
`MURTHA CULLINA LLP
`
`/s/ Richard J. Basile
`Richard J. Basile
`(Appearance Pro Hac Vice Pending)
`Attorney for Defendants
`NRT LLC and NRT NEW YORK LLC
`
`Joint Stipulation Extending Time
`For Defendants To Respond To Complaint
`9447340v1
`
`3
`
`Case No. 5:18-MD-02834 -BLF
`
`

`

`Case 5:18-md-02834-BLF Document 64 Filed 08/27/18 Page 4 of 4
`
`Dated this 23rd of August, 2018.
`
`STUBBS, ALDERTON & MARKILES, LLP
`
`/s/ Michael A. Sherman
`Michael A. Sherman
`Jeffrey F. Gersch
`Sandeep Seth
`Wesley W. Monroe
`Viviana Boero Hedrick
`Attorneys for Plaintiff
`Attorneys for Defendants
`PERSONAL WEB TECHNOLGIES
`
`The undersigned hereby attests that concurrence in the filing of this document was
`
`ATTESTATION
`
`obtained from all its signatories.
`
`Dated this 23rd of August, 2018.
`
`Respectfully submitted,
`
`/s/ Richard J. Basile
`Richard J. Basile
`(Appearance Pro Hac Vice Pending)
`Attorney for Defendants
`NRT LLC and NRT NEW YORK LLC
`
`Joint Stipulation Extending Time
`For Defendants To Respond To Complaint
`9447340v1
`
`4
`
`Case No. 5:18-MD-02834 -BLF
`
`