Sun Microsystems, Inc. v. Network Appliance, Inc.

Filing 362

ORDER re Stipulation filed by Network Appliance, Inc., Case stayed.. Signed by Judge Laporte on 4/6/10. (edllc1, COURT STAFF) (Filed on 4/6/2010)

Case3:07-cv-05488-EDL Document361

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MATTHEW D. POWERS (Bar No. 104795) [e-mail] EDWARD R. REINES (Bar No. 135960) [e-mail] JEFFREY G. HOMRIG (Bar No. 215890) [e-mail] JILL J. HO (Bar No. 236349) [e-mail] WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff-Counterclaim Defendant NETAPP, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION NETWORK APPLIANCE, INC. Case Nos. 3:07-CV-05488-EDL 3:07-CV-06053-EDL 3:08-CV-01641-EDL STIPULATION AND [PROPOSED] ORDER STAYING CASES UNTIL JUNE 4, 2010

14 Plaintiff-Counterclaim Defendant, 15 v. 16 SUN MICROSYSTEMS, INC. 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER STAYING CASES UNTIL JUNE 4, 2010

Defendant-Counterclaim Plaintiff. NetApp, Inc. and Sun Microsystems, Inc. hereby stipulate, subject to the Court's approval, to a stay of all three of the currently pending actions between the parties (3:07-CV-05488-EDL, 3:07-CV-06053-EDL, and 3:08-CV-01641-EDL) until June 4, 2010 to permit the parties to explore the possibility of an extra-judicial resolution of their disputes. All currently scheduled hearings and deadlines are vacated, subject to Court approval. The parties agree that neither side will use this stay to later argue lack of diligence on the part of the other party. By June 9, 2010, the parties shall jointly report to the Court on the status of their discussions, the litigation, and next steps. The parties request that the Court now schedule an

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omnibus case management conference in all three cases on Tuesday, June 15, 2010 at 10 a.m., or on the next date consistent with the Court's schedule. Dated: April 6, 2010 DLA PIPER US LLP By: /s/ Mark D. Fowler MARK D. FOWLER CLAYTON THOMPSON DAVID ALBERTI CHRISTINE K. CORBETT YAKOV M. ZOLOTOREV CARRIE L. WILLIAMSON Attorneys for Sun Microsystems, Inc.

Dated: April 6, 2010

WEIL, GOTSHAL & MANGES LLP By: /s/ Edward R. Reines MATTHEW D. POWERS EDWARD R. REINES JEFFREY G. HOMRIG JILL J. HO Attorneys for NetApp, Inc.

STIPULATION AND [PROPOSED] ORDER STAYING CASES UNTIL JUNE 4, 2010

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[PROPOSED] ORDER To permit the parties to explore the possibility of an extra-judicial resolution of their disputes, the parties' joint request for a stay is GRANTED. All proceedings in Civil Action Nos. 3:07-CV-05488-EDL, 3:07-CV-06053-EDL, and 3:08-CV-01641-EDL are hereby stayed until June 4, 2010. All currently scheduled hearing dates and deadlines in these actions are hereby vacated. Neither party may rely upon this stay to later argue lack of diligence on the part of the other party. By June 9, 2010, the parties shall jointly report to the Court on the status of their discussions, the litigation, and next steps. An omnibus case management conference in all three cases shall be held on Tuesday, June 15, 2010 at 10 a.m. IT IS SO ORDERED.

6 Dated: April ___, 2010
UNITED STATES MAGISTRATE JUDGE ELIZABETH D. LAPORTE

STIPULATION AND [PROPOSED] ORDER STAYING CASES UNTIL JUNE 4, 2010

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