Bender v. Maxim Integrated Products, Inc.

Filing 17

ORDER continuing cmc to 8/28/09 re 16 .(ts, COURT STAFF) (Filed on 6/30/2009)

Case3:09-cv-01152-SI Document16

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Greg L. Lippetz (State Bar No. 154228) [e-mail] JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: 650-739-3900 Attorneys for Defendant Maxim Integrated Products, Inc.

David N. Kuhn - State Bar No. 73389 Attorney-at-Law 144 Hagar Avenue Piedmont, CA 94611 Telephone: [phone] E-mail: [e-mail] Attorney for plaintiff Gregory Bender

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Gregory Bender, Case No. C09-01152-SI Plaintiff, STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE

12 13 v. 14 Maxim Integrated Products, Inc., 15 Defendant. 16 17

Pursuant to Defendant Maxim Integrated Products, Inc.'s, ("Defendant's") June 29, 2009, 18 phone conversation with Judge Illston's calendar clerk, Defendant and Plaintiff Gregory Bender 19 ("Plaintiff") through their respective counsel, hereby request the Court change the time for the 20 Initial Case Management Conference, currently scheduled for July 1, 2009, until August 21, 21 2009. 22 WHEREAS, pursuant to the June 19, 2009 Notice in this action (D.I. 10), the Initial Case 23 Management Conference in this action is scheduled for July 1, 2009. 24 WHEREAS, plaintiff has indicated that this action is related to 23 other currently pending 25 cases, each of which was brought by Plaintiff alleging patent infringement of the same patent. 26 Plaintiff has further indicated that he intends to make a motion to reassign this action to Judge 27 28
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Alsup, the judge assigned to the first-filed of the 24 potentially related cases, Gregory Bender v. Exar Corporation, C. A. No. 09-01140-WHA. WHEREAS, the Initial Case Management Conference in the first-filed potentially related case, Gregory v. Exar, is scheduled for July 16, 2009. This Conference is likely to address Plaintiff's currently pending motion in that action to relate another of the potentially related actions, see D.I. 4 in C.A. No. 09-01140-WHA, to which both affected defendants have recently responded, see D.I. 18 and 19 in C.A. No. 09-01140-WHA. WHEREAS, the parties believe that, in the interests of efficiency and of avoiding potentially unnecessary expenses, the Initial Case Management Conference should be continued until a reasonable period of time following the July 16, 2009, Initial Case Management Conference in Bender v. Exar.

THE PARTIES HEREBY STIPULATE THAT: The Initial Case Management Conference in this action is continued to August 21, 2009. Respectfully submitted, Dated: June 30, 2009 Jones Day

By:

/s/ Gregory Lippetz Greg L. Lippetz State Bar No. 154228 JONES DAY Silicon Valley Office 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: 650-739-3900

Counsel for Defendant Maxim Integrated Products, Inc.

In accordance with General Order No. 45, Section X(B), the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below.
SVI-70175v1

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE CASE NO. 09-cv-01152-SI

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1 2 3 4 5 6 7 8 9 10 11 DATED: ______________, 2009 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
SVI-70175v1

Dated: June 30, 2009

By:

/s/ David Kuhn David N. Kuhn Attorney-at-Law 144 Hagar Avenue Piedmont, California 94611 Telephone: [phone]

Counsel for Plaintiff Gregory Bender

PURSUANT TO STIPULATION, IT IS SO ORDERED:

By: THE HON. SUSAN ILLSTON United States District Court Judge

The case management conference is continued to 8/28/09 @ 2:30 p.m.

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE CASE NO. 09-cv-01152-SI