Advanced Analogic Technologies, Inc. v. Kinetic Technologies, Inc.

Filing 42

ORDER GRANTING AATI'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE AATI'S OPPOSITION TO KINETIC'S MOTION TO DISMISS. The hearing on Kinetic's motion remains on July 10, 2009. No party shall, in the future, file a motion to change time without first engaging in a reasonable effort to meet and confer. Signed by Judge Maxine M. Chesney on June 30, 2009. (mmclc1, COURT STAFF) (Filed on 6/30/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

Chris Scott Graham (State Bar No. 114498) [e-mail] Jill F. Kopeikin (State Bar No. 160792) [e-mail] Andrew N. Thomases (State Bar No. 177339) [e-mail] DECHERT LLP 2440 W. El Camino Real, Suite 700 Mountain View, California 94040-1499 Telephone: [phone] Facsimile: 650 813 4848 Attorneys for Plaintiff ADVANCED ANALOGIC TECHNOLOGIES, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ADVANCED ANALOGIC TECHNOLOGIES, INC., a Delaware Corporation Plaintiff, v. KINETIC TECHNOLOGIES, INC., a California Corporation DEFENDANT.

Case No. C09 01360 MMC [PROPOSED] ORDER GRANTING AATI'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE AATI's OPPOSITION TO KINETIC'S MOTION TO DISMISS COMPLAINT UNDER RULE 12(B)(6) FOR FAILURE TO STATE A CLAIM, OR IN THE ALTERNATIVE, FOR MORE DEFINITE STATEMENT UNDER RULE 12(3) Date: July 10, 2009 Time: 9:00 a.m.

19 20 21 22 23 24 25 26 27 28
DECHERT LLP
ATTORNEYS AT LAW S I L I C O N VALLEY

ORDER GRANTING AATI'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE AATI'S OPPOSITION; CASE NO. C-091360-MMC

13486387.1

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

AATI's Administrative Motion for Leave to file ATTI's Opposition To Kinetic's Motion To Dismiss Complaint Under Rule 12(B)(6) For Failure To State A Claim, Or In The Alternative, For More Definite Statement Under Rule 12(3) ("AATI's Opposition") came on regularly before this Court. The Court, having considered the submissions of the parties, and good cause appearing, hereby finds and ORDERS as follows: 1. 2. 3. AATI's Administrative Motion is GRANTED. AATI's Opposition shall be deemed filed effective June 21, 2009. Any Reply by Kinetic Technologies, Inc. ("Kinetic") shall be filed on or before

_________, 2009. 3. 4. The Hearing on Kinetic's Motion To Dismiss Complaint Under Rule 12(B)(6) For

Failure To State A Claim, Or In The Alternative, For More Definite Statement Under Rule 12(3), originally calendared for hearing on July 10, 2009, at 9:00 a.m., shall be heard on ________________, at _____. remains on July 10, 2009. 4. Plaintiff failed to engage in a reasonable effort to meet and confer before filing the instant motion. No party shall, in the future, file a motion to change time without first engaging in a reasonable effort to meet and confer. IT IS SO ORDERED. June 30 Dated: __________________, 2009 _________________________________ HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT COURT JUDGE

ORDER GRANTING AATI'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE AATI'S OPPOSITION; CASE NO. C09-1360-MMC

1

13486387.1