Apple Inc. v. Psystar Corporation

Filing 71

NOTICE by Apple Inc. of Entry of Order Granting Motion by Apple Inc. for Relief From Stay Pursuant to 11 U.S.C. Sec. 362(d) (Boroumand Smith, Mehrnaz) (Filed on 6/25/2009)

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Apple Inc. v. Psystar Corporation Doc. 71 Case3:08-cv-03251-WHA Document71 Filed06/25/09 Page1 of 6 1 TOWNSEND AN TOWNSEND AN CREW LLP JAMES G. GILLILAND, JR. (State Bar No. 107988) MEHRNAZ BOROUMAN SMITH (State Bar No. 197271) MEGAN M. CHUNG (State Bar No. 232044) 1. JEB B. OBLAK (State Bar No. 241384) Two Embarcadero Center Eighth Floor San Francisco, CA 94111 Telephone: (415) 576-0200 2 3 4 5 6 7 8 Facsimile: (415) 576-0300 Email: jggililandêtownsend.com mboroumandêtownsend.com mmchungêtownsend.com jboblakêtownsend.com Attorneys for Plaintiff and Counterdefendant INC. APPLE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 SAN FRACISCO DIVISION APPLE INC., a California corporation, Plaintiff, v. Case No. CV 08-03251 WHA 14 15 NOTICE OF ENTRY OF ORDER GRANTING MOTION BY APPLE INC. FOR RELIEF FROM STAY PURSUANT TO 11 U.S.c. §362(d) 16 17 PSYSTAR CORPORATION, a Florida corporation, and DOES 1-10, inclusive, Defendants. 18 AN RELATED COUNTERCLAIMS 19 20 21 In accordance with this Court's June 1,2009 Order Staying Case (Docket Entry 70), 22 23 plaintiff and counterdefendant Apple Inc. ("Apple") hereby gives notice to the Court that the automatic stay has been lifted by the United States Bankptcy Court for the Southern District of Florida ("Bankptcy Court"). Apple's Motion for Relief 24 From Stay was granted in full provided "" ç: Cf . 25 that Apple must seek further relief from the Bankruptcy Court before executing any money 0) 26 judgment resulting from this case. See Exhibit A (Bankruptcy Court's June 19,2009 Order Granting Motion by Apple Inc. For Relief ç: 27 28 From Stay Pursuant to 11 U.S.c. § 362(d)). ~ 4- II NOTICE OF ORDER GRANTING APPLE'S MOTION FOR RELIEF FROM STAY CASE NO. CV 08-03251 WHA -1- Dockets.Justia.com Case3:08-cv-03251-WHA Document71 Filed06/25/09 Page2 of 6 1 Apple respectfully requests that the Court lift the stay issued on June i, 2009 and schedule a case 2 3 management conference to address scheduling and fiing deadlines. DATED: June 25,2009 Respectfully submitted, 4 5 TOWNSEND AND TOWNSEND AND CREW LLP 6 7 8 By: /s/ Mehrnaz Boroumand Smith MEHRNAZ BOROUMAND SMITH Attorneys for Plaintiff and Counterdefendant APPLE INC. 62091128 vI 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 "" . 25 ç: 0) 26 Cf ç: 27 28 NOTICE OF ORDER GRANTING APPLE'S MOTION FOR RELIEF FROM STAY CASE NO. CV 08-03251 WHA .-2- ~ 4- Case3:08-cv-03251-WHA Document71 Filed06/25/09 Page3 of 6 EXHIBIT A Case3:08-cv-03251-WHA Document71 Filed06/25/09 Page4 of 6 Case 09-19921-RAM Doc 40 Filed 06/19/09 ORDERED in the Southern District of Florida on June 19, 2009. .u¿dJ UNITED STATES B ANKRTIPTCY COURT SOUTHERN DISTRICT OF FLORIDA (MIAMI DIVISION) www.flsb.uscourts.gov In re: Robert A. Mark, Judge United States Bankruptcy Court Case No. 09-19921 BKC-RAM Chapter 11 Case Psystar Corporation, Debtor. / ORDER GRANTING MOTION BY APPLE INC. FOR RELIEF FROM STAY PURSUANT TO 11 U.S.C. § 362(d) THIS MATTER came before the Court on June 17,2009, at 3:00 p.m. upon the Motion by Apple Inc. ("Apple") for Relief From Stay Pursuant to 11 U.S.C. §362(d) (D.E. 25)(the "Motion) and the Debtor's Response to Apple's Motion to Terminate the Automatic Stay (D.E. 36) (the "Response"). The Court has considered the argument of counsel for (i) the Debtor, (ii) Apple, (iii) the Office of the United States Trustee, and (iv) Mr. Rodolfo Pedraza, the President of the Debtor who also alleges to be a creditor of the Debtor. The Court has also considered the proffers of evidence by the Debtor and Apple and has considered and taken judicial notice of the pleadings, orders and the docket sheet in the case of Apple Inc. v. Psystar Corporation (Case No. CV 08-03251 WHA (Alsup, 1.) currently pending in the United States District Court for the -1- Case3:08-cv-03251-WHA Document71 Filed06/25/09 Page5 of 6 Case 09-19921-RAM Doc 40 Filed 06/19/09 Page 2 of 2 Northern District of California (the "Infringement Action"), which are annexed as exhibits to the declarations in support of the Motion and the Response. For the reasons stated on the record at the hearing (which constitute this Court's findings of fact and conclusions of law pursuant to Bankruptcy Rule 7052), the Court finds and rules that cause exists pursuant to 11 U.S.c. §362(d) for granting the relief sought by Apple in the Motion. Accordingly, the Court ORDERS AND ADJUDGES as follows: 1) The Motion is GRANTED. 2) The automatic stay imposed by 11 U.S.C. §362 (a) is lifted to allow the Infringement Action to proceed for all purposes through final judgment; provided that Apple must seek further relief from this Court before executing any money judgment obtained in the Infringement Action against the Debtor's estate. ## Submitted by: Paul Steven Singerman, Esq. BERGER SINGERMAN, P.A 200 S. Biscayne Blvd., Suite 1000 Miami, FL 33131 TeL. (305) 755-9500 Fax (305) 714-4340 singerman (g bergersingerman. com Copies to: Paul Steven Singerman, Esq. (Attorney Singerman shall serve a copy of this Order upon all interested paries upon receipt and fie a certificate of service.) -2- Case3:08-cv-03251-WHA Document71 Filed06/25/09 Page6 of 6 1 CERTIFICATE OF SERVICE 2 3 4 5 I, Marha A. VanCleef, declare I am employed in the City and County of San Francisco, California in the office of a member of the bar of this court at whose direction this service was made. I am over the age of eighteen and not a party to this action. My business address is Townsend and Townsend and Crew LLP, Two Embarcadero Center, Eighth Floor, San Francisco, California, 94111. I served the following document exactly entitled: 6 7 NOTICE OF ENTRY OF ORDER GRATING MOTION BY APPLE INC. FOR RELIEF FROM STAY PURSUANT TO 11 U.S.c. §362(d) on the interested parties in this action following the ordinary business practice of Townsend and 8 Townsend and Crew LLP, as follows: Robert 1. Yorio, Esq. Colby B. Springer, Esq. Chrstopher P. Grewe, Esq. email: yorio(icarrferrelL.com email: csprIngcr(f1canferrcll.com 9 10 11 email: cgrewe(icarrfenelL.com 12 13 Car & Ferrell, LLP 2200 Geng Road Palo Alto, California 94303 Phone: 650-812-3400 Fax: 650-812-3444 14 15 16 17 18 collecting and processing documents for mailing with the United States Postal Service. On the date listed herein, following ordinary business practice, I served the within document(s) at my place of business, by placing a true copy thereof, enclosed in a sealed envelope, with postage thereon fully prepaid, for collection and mailing with the United States Postal Service where it would be business. deposited with the United States Postal Service that same day in the ordinary course of D (By First Class Mail) I am readily familiar with my employer's practice for D (By Overnight Courier) I caused each envelope to be delivered by a commercial camer service for overnight delivery to the offices of the addressee(s). 19 20 21 to be delivered by courier this date. D (By Hand) I directed each envelope to the party(ies) so designated on the service list transmission to the fax number indicated for the pary(ies) listed above. D (By Facsimile Transmission) I caused said document to be sent by facsimile l' (By Electronic Transmission) I caused said document to be sent by electronic 22 23 transmission to the e-mail address indicated for the party(ies) listed above via the court's ECF notification system. the United States of America that the foregoing is true and correct, and that this declaration was executed on June 25,2009, at San Francisco, California. I declare under penalty of perjury under the laws of 24 "" . 25 ç: 0) 26 Cf ç: 27 28 lsi Martha A. Van Cleef Martha A. VanCleef ~ 4- NOTICE OF ENTRY OF ORDER GRANTING MOTION BY APPLE INC. FOR RELIEF FROM STAY - 3 - CASE NO. CV 08-03251 WHA

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