Lam Research Corporation v. Schunk Semiconductor et al

Filing 202

ORDER re 201 Stipulation, filed by Schunk Semiconductor, Xycarb Ceramics, Inc., Motions terminated: 197 MOTION to Dismiss First Supplemental Complaint Under Fed. R. Civ. P. 12(b)(6) filed by Schunk Semiconductor, Xycarb Ceramics, Inc... Signed by Judge Charles R. Breyer on 10/21/2010. (be, COURT STAFF) (Filed on 10/21/2010)

Lam Research Corporation v. Schunk Semiconductor et al

Doc. 202

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David R. Shaub, Esq. (Calif. State Bar No. 032322) Lisbeth Bosshart Merrell, Esq. (Calif. State Bar No. 201822) Cassandra M. Lamb, Esq. (Calif. State Bar No. 270227) SHAUB & WILLIAMS LLP 12121 Wilshire Boulevard, Suite 205 Los Angeles, CA 90025 310-826-6678, 310-826-8042 (facsimile) [e-mail] David Rosenbaum (admitted pro hac vice) ROSENBAUM & SILVERT, P.C. 1480 Techny Road Northbrook, IL 60062 [phone]; [phone] (fax) [e-mail] Attorneys for Defendants Patrick T. Michael (SBN: 169745) Marcus T. Hall (SBN: 206495) Mari Overbeck (SBN: 261707) WINSTON & STRAWN LLP 101 California Street San Francisco, CA 94111-5802 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Email: [e-mail] Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No.: 3:03-cv-1335 CRB

LAM RESEARCH CORPORATION, Plaintiff,

STIPULATION TO WITHDRAW DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST SUPPLEMENTAL vs. COMPLAINT AND FOR DEFENDANTS TO ANSWER PLAINTIFF'S FIRST SCHUNK SEMICONDUCTOR and XYCARB SUPPLEMENTAL COMPLAINT BY OCTOBER 29, 2010 CERAMICS, Defendants.

STIPULATION TO WITHDRAW DEFENDANTS' MOTION TO DISMISS AND TO ANSWER THE FIRST SUPPLEMENTAL COMPLAINT -1-

Dockets.Justia.com

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WHEREAS Plaintiff's First Supplemental Complaint was filed on September 17, 2010; WHEREAS Defendants filed a Motion to Dismiss Plaintiff's First Supplemental Complaint on October 4, 2010; WHEREAS a Case Management Conference was held on October 15, 2010 before the Honorable Charles R. Breyer at which point the case was referred to Magistrate Judge Joseph C. Spero for discovery proceedings; WHEREAS Defendants have agreed to withdraw their Motion to Dismiss Plaintiff's First Supplemental Complaint; WHEREAS both Plaintiff and Defendants agree to the filing of Defendants' Answer and related Counter-Claims to Plaintiff's First Supplemental Complaint by October 29, 2010.

The parties to this action, by and through their counsel of record, Robert C. Matz, Esq. of SHAUB & WILLIAMS, LLP, attorneys for Defendants, SCHUNK SEMICONDUCTOR and XYCARB CERAMICS, and Patrick T. Michael, Esq. of Winston & Strawn LLP, attorneys for Plaintiff, LAM RESEARCH CORPORATION, hereby stipulate:

1.

That Defendants Motion to Dismiss Plaintiff's First Supplemental Complaint shall be withdrawn and taken off calendar before the Court; and

2.

Defendants shall file their Answer and related Counter-Claims to Plaintiff's First Supplemental Complaint by October 29, 2010.

STIPULATION TO WITHDRAW DEFENDANTS' MOTION TO DISMISS AND TO ANSWER THE FIRST SUPPLEMENTAL COMPLAINT -2-

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It is further agreed that a facsimile copy of the signature of counsel for Defendants and Plaintiff of this Stipulation shall be effective as though it is an original and that this Stipulation may be executed in counterparts.

IT IS SO STIPULATED.

Dated: October 21, 2010

SHAUB & WILLIAMS LLP

s/Robert C. Matz/______________________ Robert C. Matz, Attorneys for Defendants, SCHUNK SEMICONDUCTOR and XYCARB CERAMICS

Dated: October 21, 2010

WINSTON & STRAWN LLP

s/Patrick T. Michael/______________________ Patrick T. Michael, Attorneys for Plaintiff, LAM RESEARCH CORPORATION

STIPULATION TO WITHDRAW DEFENDANTS' MOTION TO DISMISS AND TO ANSWER THE FIRST SUPPLEMENTAL COMPLAINT -3-

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[PROPOSED] ORDER In consideration of the Stipulation entered into between the parties on October 21, 2010, Defendants' Motion to Dismiss Plaintiff's First Supplemental Complaint filed on October 4, 2010 is hereby withdrawn and taken off calendar. In addition, Defendants shall have until October 29, 2010 to file their Answer and related Counter-Claims to Plaintiff's First Supplemental Complaint.

IT IS SO ORDERED.

DATED: ______O__ober_21 _, 2010 _ ct ___ __

UNIT ED

Hon. Charles C. Breyer

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