Motorola Inc. v. Command Audio Corporation

Filing 37

ORDER APPROVING STIPULATION TO CHANGE TIME FOR PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS. Plaintiff's deadline for responding to defendant's motion to dismiss is changed from March 27, 2009 to March 31, 2009. Signed by Judge Maxine M. Chesney on March 27, 2009. (mmclc1, COURT STAFF) (Filed on 3/27/2009)

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2000 University Avenue East Palo Alto, CA 94303-2215

WAYNE M. HARDING (TX SBN: 08978500) Email: [e-mail] BRIAN K. ERICKSON (pro hac vice) (TX SBN: 24012594) Email: [e-mail] DLA PIPER LLP (US) 1221 South MoPac Expressway, Suite 400 Austin, Texas 78746-7650 Telephone: [phone] Facsimile: [phone] ROBERT BUERGI (CA SBN: 242910) Email: [e-mail] DLA PIPER LLP (US) 2000 University Ave. East Palo Alto, CA 94303-2215 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff MOTOROLA, INC. IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Motorola, Inc., Plaintiff, vs. Command Audio Corporation, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 08-CV-03492 MMC STIPULATION AND ORDER TO CHANGE TIME FOR PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS (DKT. NO. 22) AND ORDER THEREON

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DLA PIPER LLP (US)

Pursuant to Civil Local Rule 6-2, Motorola, Inc. ("Motorola") and Command Audio Corporation ("Command Audio") (by their counsel) make this stipulated request for an order changing the time for Motorola's response to Command Audio's Motion to Dismiss (Dkt. No. 22) from March 27, 2009 to March 31, 2009. Whereas, Command Audio's Motion to Dismiss is set for hearing on April 17, 2009 and Motorola's Response thereto currently is due March 27, 2009; Whereas, the parties believe they have reached a settlement in this matter and are working to 1
Stipulation and Order to Change Time for Plaintiff's Response to Defendant's Motion to Dismiss ­ 08-CV-03492 MMC

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2000 University Avenue East Palo Alto, CA 94303-2215

execute a settlement agreement; Whereas, the court has provided previous extensions of time with respect to the Motion to Dismiss; and Whereas, the stipulated extension will not affect the hearing on the motion or any other aspect of the schedule in this case; The parties request that Motorola's response to Command Audio's Motion to Dismiss be changed from March 27, 2009 to March 31, 2009.

Dated: March 27, 2009

Respectfully submitted, DLA PIPER LLP (US) By: /s/ Brian Erickson Brian Erickson Attorneys for Plaintiff MOTOROLA, INC.

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DLA PIPER LLP (US)

COOLEY GODWARD KRONISH LLP By: /s/ Sarah J. Guske Sarah Guske (232467) Attorneys For Defendant COMMAND AUDIO CORPORATION

PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED THAT: Plaintiff's deadline for responding to Defendant's Motion to Dismiss (Dkt. No. 22) is changed from March 27, 2009 to March 31, 2009. March 27, 2009 Dated: ________________ ___________________________ Honorable Maxine N. Chesney United States Judge Northern District of California

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Stipulation and Order to Change Time for Plaintiff's Response to Defendant's Motion to Dismiss ­ 08-CV-03492 MMC