Bender v. Sony Corporation of America

Filing 40

ORDER to extend time to respond to amended complaint re 39 Stipulation filed by Sony Corporation of America. Signed by Judge Charles R. Breyer on 10/15/09. (be, COURT STAFF) (Filed on 10/16/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MICHAEL A. FIRESTEIN, SBN 110622 mfirestein@proskauer.com PROSKAUER ROSE LLP 2049 Century Park East, 32nd Floor Los Angeles, CA 90067-3206 Telephone: (310) 557-2900 Facsimile: (310) 557-2193 STEVEN M. BAUER, Admitted pro hac vice sbauer@proskauer.com JACOB K. BARON, Admitted pro hac vice jbaron@proskauer.com PROSKAUER ROSE LLP One International Place Boston, MA 01220 Telephone: (617) 526-9600 Facsimile: (617) 526-9899 Attorneys for Defendant, Sony Corporation of America DAVID N. KUHN, SBN 73389 dnkuhn@pacbell.net Attorney-at-Law 144 Hagar Avenue Piedmont, CA 94611 Telephone: (510) 653-4983 Attorney for Plaintiff, Gregory Bender UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) Plaintiff, ) ) v. ) ) SONY CORPORATION OF AMERICA, a New ) York corporation, ) ) Defendant. ) ) GREGORY BENDER Case No. 09-CV-01246-CRB STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT RECITALS WHEREAS, the Complaint of Plaintiff Gregory Bender ("Plaintiff") in this action was filed on or about March 23, 2009; WHEREAS, the Amended Complaint of Plaintiff in this action was filed on or about May 20, 2009; -1STIPULATION TO EXTEND TIME TO RESPOND Case No. C 09-01246-CRB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Plaintiff filed a Stipulation to File a Second Amended Complaint on September 15, 2009 which amends the party names and the accused products; WHEREAS, Defendant Sony Corporation of America's ("Sony's") response to Plaintiff's Amended Complaint is due on October 14, 2009; WHEREAS, the Parties are waiting for the Court's decision regarding the Stipulation to File a Second Amended Complaint; WHEREAS, this extension will provide time for the Court to determine whether to accept the Parties' stipulation regarding Plaintiff's Second Amended Complaint; and WHEREAS, this additional time will not interfere with any other deadlines set by the Court in this matter. STIPULATION Pursuant to Local Rule 6-1(a), IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel, that the time within which Sony shall be required to file its answer, motion, counterclaim, cross-claim and/or other responses to Plaintiff's Amended Complaint in this action shall be extended to and including November 4, 2009 or such other time as may be required to respond to a Second Amended Complaint if allowed by the Court. APPROVED AS TO FORM AND CONTENT DATED: October 14, 2009 STEVEN M. BAUER MICHAEL A. FIRESTEIN JACOB K. BARON PROSKAUER ROSE LLP /s/ Jacob K. Baron Jacob K. Baron Attorneys for Defendant, Sony Corporation of America -2STIPULATION TO EXTEND TIME TO RESPOND Case No. C 09-01246-CRB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO EXTEND TIME TO RESPOND Case No. C 09-01246-CRB DATED: October 14, 2009 DAVID N. KUHN /s/ David N. Kuhn David N. Kuhn Attorney for Plaintiff, Gregory Bender -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION PURSUANT TO GENERAL ORDER 45, X.B I, Jacob K. Baron, hereby declare pursuant to General Order 45, X.B, that I have obtained the concurrence on the filing of this document from the all the signatories listed above. I declare under penalty of perjury that the foregoing declaration is true and correct. DATED: October 14, 2009 /s/ Jacob K. Baron Jacob K. Baron -4STIPULATION TO EXTEND TIME TO RESPOND Case No. C 09-01246-CRB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 DATED: October __, 2009 [PROPOSED] ORDER Having considered the foregoing Stipulation, and good cause appearing, (1) The time within which Sony shall be required to file its answer, motion, counterclaim, cross-claim and/or other response to Plaintiff's Amended Complaint in this action shall be extended to and including November 4, 2009 or such other time as may be required to respond to a Second Amended Complaint if allowed by the Court. IT IS SO ORDERED UNIT ED S S DISTRICT TE C _______________________________ TA The Honorable Charles R. Breyer Judge of the United States District Court, ED Northern District RDER SO O of California arles R udge Ch . Breyer RT U O ER N F D IS T IC T O R -5STIPULATION TO EXTEND TIME TO RESPOND Case No. C 09-01246-CRB A C LI FO J R NIA IT IS NO RT H

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