Orinda Intellectual Properties USA Holding Group Inc v. Sony Corporation et al

Filing 83

STIPULATION & ORDER Signed by Mag. Judge Elizabeth D. Laporte on 2/11/2010 Continuing the Hearing Date on Defendant's Motion to Stay & the Initial Case Management Conference re 82 Stipulation. (edllc1, COURT STAFF) (Filed on 2/11/2010)

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Case3:09-cv-04920-EDL Document82 Filed02/10/10 Page1 of 3 1 2 3 4 5 6 7 8 9 MICHAEL E. DERGOSITS (State Bar No. 118206) TODD A. NOAH (State Bar No. 152328) DERGOSITS & NOAH LLP Three Embarcadero Center, Suite 410 San Francisco, California 94111 Telephone: (415) 705-6377 Facsimile: (415) 705-6383 E-mail: mdergosits@dergnoah.com tnoah@dergnoah.com Attorneys for Plaintiff ORINDA INTELLECTUAL PROPERTIES USA HOLDING GROUP, INC. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULA TION AND ORDER RE CONTINUANCE OF MOTION TO STAY AND CMC Civil Action No. C 09-04920 EDL SAN FRANCISCO DIVISION ORINDA INTELLECTUAL PROPERTIES USA HOLDING GROUP, INC., Plaintiff, vs. SONY CORPORATION; SONY ELECTRONICS CORPORATION; SONY COMPUTER ENTERTAINMENT, INC. and SONY COMPUTER ENTERTAINMENT AMERICA, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. C 09-04920 EDL ST I PUL A T I ON AND [PROPOSED] ORDER CONT I NUI NG THE H EA RI NG DATE ON DEFENDANTS' M OT I ON T O STAY AND THE I NI T I A L CASE M A NA GEM ENT CONFERENCE The parties conducted an initial settlement conference on January 25, 2010 to discuss a possible resolution of this case. The parties thereafter participated in a conference call on February 4, 2010 with Director Howard A. Herman of the Northern District of California ADR Program. The parties explained to Mr. Herman that they are currently engaged in settlement discussions and were in the process of -1- Case3:09-cv-04920-EDL Document82 Filed02/10/10 Page2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 scheduling a second settlement conference. The parties indicated to Mr. Herman that they planned to file another stipulation with the Court seeking a continuance of the hearing date for defendants' motion to stay and for the initial case management conference to enable the parties to continue their settlement discussions. The parties and Mr. Herman then agreed to schedule a follow-up ADR conference call on April 22, 2010 for the parties to provide an update on the status of the settlement discussions. Since the February 4, ADR telephone conference, the parties have scheduled a second settlement conference on February 25, 2010. In view of the ongoing settlement discussions, pursuant to Civil L.R. 6-1(b), the parties, by and through their respective counsel, hereby agree and stipulate that the hearing date for defendants' motion to stay, currently scheduled for March 16, 2010, be continued to June 8, 2010. Plaintiff's opposition brief would be due on May 18, 2010 and defendants' reply brief would be due on May 25, 2010. The parties also stipulate that the Initial Case Management Conference currently scheduled for April 13, 2010 at 10:00 a.m. be continued to July 13, 2010, at 10:00 a.m. IT IS SO STIPULATED. DERGOSITS & NOAH LLP Dated: February 10, 2010 By: /s/ Todd A. Noah Todd A. Noah Attorneys for Plaintiff ORINDA INTELLECTUAL PROPERTIES USA HOLDING GROUP, INC. LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP Dated: February 10, 2010 By: /s/ Gregory S. Gewirtz Gregory S. Gewirtz Attorneys for Defendants SONY CORPORATION et al. 24 25 26 27 28 STIPULA TION AND ORDER RE CONTINUANCE OF MOTION TO STAY AND CMC Civil Action No. C 09-04920 EDL -2- Case3:09-cv-04920-EDL Document82 Filed02/10/10 Page3 of 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 I attest under penalty of perjury that concurrence in the filing of this document has been obtained from Gregory S. Gewirtz. /s/ Todd A. Noah IT IS SO ORDERED: Dated: February _11 , 2010 __ ____________________________ Hon. Elizabeth D. Laporte United States Magistrate Judge -3STIPULA TION AND ORDER RE CONTINUANCE OF MOTION TO STAY AND CMC Civil Action No. C 09-04920 EDL

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