Volterra Semiconductor Corporation v. Primarion, Inc. et al
Filing
2026
ORDER,granting re 2025 Letter filed by Volterra Semiconductor Corporation. Extension of time granted to 11/8/13. Signed by Judge Joseph C. Spero on 10/28/13. (klhS, COURT STAFF) (Filed on 10/28/2013)
JAMES W. MORANDO
jmorando@fbm.com
D 415.954.4457
October 25, 2013
Via ECF
Honorable Joseph C. Spero
U.S. Magistrate Judge
U.S. District Court, Northern District of California
450 Golden Gate Avenue
Courtroom G, 15th Floor
San Francisco CA 94102
Re:
Volterra Semiconductor Corporation v. Primarion, et al.
Case No. 08-cv-05129 JCS
Dear Judge Spero:
We are writing in response to the Court’s Orders entered following the September 27,
2013 Case Management Conference requiring the parties to meet and confer regarding a
mediation. See Dkt. Nos. 2014, 2023.
Volterra’s Statement
As a result of the recent acquisition by Maxim Integrated Products of Volterra
Semiconductor Corporation, Volterra is not yet in a position to determine an appropriate date for
a mediation and also needs more time to make a final determination as to the selection of a
mediator (which is of course related to the scheduling issue). This is because of certain
management transitions occurring as a result of the acquisition, which is resulting in new
decision makers becoming involved. For example, Volterra’s former general counsel who was
the primary legal contact with Volterra’s outside litigation counsel is now no longer working at
Volterra.
Volterra is interested and willing to participate in a mediation, but at the same time wants
to ensure that if the time and expense of a mediation is undertaken, it results in a meaningful
process which is not scheduled prematurely or when its new decision makers are not available
and also that it is conducted with an effective mediator acceptable to both sides. In furtherance
of that goal, since the Court’s October 15, 2013 Order, counsel for the parties have engaged in
additional communications regarding a mediation. Counsel for both sides have exchanged the
names of potential mediators. Infineon has proposed two mediators, though one is not
Honorable Joseph C. Spero
October 25, 2013
Page 2
acceptable to Volterra’s counsel. Volterra’s counsel has inquired of Infineon’s counsel about
three other potential mediators, though at least one of these was not acceptable to Infineon’s
counsel.
We request a further extension until November 8, 2013 to conduct further discussions
regarding a mediation and to then update the Court. In addition, we submit that Infineon’s
request below to set some arbitrary “date certain” or any suggestion for the Court to order the
parties to proceed with any particular private mediator is inappropriate and, frankly,
counterproductive. We believe that any such requests should be denied.
Defendants’ Statement
On October 9, Defendants proposed to Volterra two mediator candidates from JAMS:
Hon. Daniel Weinstein and Hon. James Warren. Defendants have tried to engage Volterra in
substantive discussions regarding possible mediation, but Volterra’s counsel has reported that it
has been unable to obtain any authority from Volterra. Volterra’s counsel has suggested some
possible candidates, but Volterra has not itself even considered those candidates.
Infineon continues to believe that Hon. Daniel Weinstein and Hon. James Warren are
good candidates for handling the parties proposed mediation. Mr. Weinstein is available
beginning in January, and Mr. Warren is available beginning in December. Defendants request
that the Court order mediation by a date certain. Nevertheless, if the Court would prefer to grant
Volterra’s second request for a time extension, Defendants do not oppose such a time extension.
Respectfully submitted,
FARELLA BRAUN & MARTEL LLP
By:
/s/ James W. Morando
James W. Morando
Attorneys for Plaintiff
VOLTERRA SEMICONDUCTOR
CORPORATION
23666\3931880.2
R NIA
ERED
O ORD D
IT IS S
IE
MODIF
AS
NO
Spero
seph C.
A
H
ER
FO
RT
Judge Jo
LI
UNIT
ED
T
RT
U
O
S
IT IS HEREBY ORDERED that the extension of time is GRANTED to 11/8/13.
ISTRIC
Dated: 10/28/13
ES D
TC
AT
N
F
D IS T IC T O
R
C
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?