Akeena Solar, Inc. et al v. Zep Solar Inc et al

Filing 33

ORDER GRANTING 30 Stipulation TO CHANGE TIME OF BRIEFING SCHEDULE RE DEFENDANTS' MOTION TO STAY. Signed by Judge Jeffrey S. White on 2/11/10. (jjo, COURT STAFF) (Filed on 2/11/2010)

Case3:09-cv-05040-JSW Document30

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1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership 2 Including Professional Corporations NEIL A. SMITH, Cal. Bar No. 63777 3 NATHANIEL BRUNO, Cal. Bar No. 228118 Four Embarcadero Center, 17th Floor 4 San Francisco, California 94111 Telephone: [phone] Facsimile: 415-434-3947 Email: [e-mail] 6 [e-mail] 7 SHEPPARD MULLIN RICHTER & HAMPTON LLP 8 A Limited Liability Partnership Including Professional Corporations 9 MICHAEL A. MOLANO, Cal. Bar No. 171057 990 Marsh Road 10 Menlo Park, California 94025 Telephone: [phone] Facsimile: 650-815-2601 Email: [e-mail] 12 Attorneys for Plaintiffs 13 AKEENA SOLAR, INC. and ANDALAY SOLAR, INC. 14 15 16 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Civil Action No. 3:09-CV-05040-JSW STIPULATION AND [PROPOSED] ORDER TO CHANGE TIME OF BRIEFING SCHEDULE RE DEFENDANTS' MOTION TO STAY [Civil L.R. 6-2] Honorable Jeffrey S. White United States District Judge

18 AKEENA SOLAR, INC., a Delaware corporation; and ANDALAY SOLAR, INC., a 19 California corporation, 20 21 v. Plaintiffs,

22 ZEP SOLAR, INC., a California corporation; GLOBAL RESOURCE OPTIONS, INC. dba 23 GROSOLAR, a Delaware corporation; and HIGH SUN TECHNOLOGY, INC., a 24 California corporation, 25 26 27 28
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Defendants.

Civil Action No. 3:09-CV-05040-JSW

STIPULATION AND [PROPOSED] ORDER TO CHANGE TIME OF BRIEFING SCHEDULE RE DEFENDANTS' MOTION TO STAY

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Plaintiffs Akeena Solar, Inc. and Andalay Solar, Inc. ("Plaintiffs") hereby stipulate

2 pursuant to Civil Local Rule 6-2 with Defendants Zep Solar, Inc., Global Resource Options, Inc. 3 dba groSolar, and High Sun Technology, Inc. ("Defendants") that that Plaintiffs' deadline to file an 4 opposition to Defendants' motion to stay this action be continued five days from February 11, 5 2010 to February 16, and that Defendants' related reply deadline be continued five days from 6 February 18 to February 23, but that the hearing date on Defendants' motion to stay shall remain 7 March 5, 2010 at 9:00 a.m. 8 9 STIPULATION WHEREAS, on October 22, 2009, Plaintiffs filed this action against Defendants

10 charging Defendants with infringement of U.S. Patent No. 7,406,800 (the "'800 Patent") and 11 seeking a declaration of non-infringement of Defendants' U.S. Patent No. 7,592,537 (the "'537 12 Patent") (Docket No. 1.); 13 WHEREAS, on January 27, 2010, Defendants filed a request for inter partes

14 reexamination of the '800 Patent with the United States Patent and Trademark Office ("PTO") and 15 on that same day, filed a motion to stay this action pending reexamination of the '800 Patent, 16 setting the hearing date for March 5, 2010 (Declaration of Neil A. Smith, ¶ 2; Docket No. 24.); 17 WHEREAS, Plaintiffs' opposition to Defendants' motion to stay is currently due on

18 February 11, 2010. Defendants' motion to dismiss was scheduled to be heard on February 12, 19 2010, the day after Plaintiffs' opposition to the motion to stay would have been filed. On February 20 9, 2010, this Court granted Defendants' separate motion to dismiss Plaintiff's claim for a 21 declaratory judgment of non-infringement of the '537 Patent (Docket No. 29), ruling sua sponte 22 and in advance of the February 12, 2010 hearing date on the motion to dismiss, thereby 23 eliminating one of the two patents at issue in the action (Defendants' '537 Patent) and altering the 24 overall landscape of the action and the arguments pertaining to a potential stay of the action; 25 WHEREAS, Plaintiffs have represented they were preparing their opposition to the

26 motion to stay based on a belief that Defendants' '537 Patent would still be a part of the case at the 27 28
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Civil Action No. 3:09-CV-05040-JSW

STIPULATION AND [PROPOSED] ORDER TO CHANGE TIME OF BRIEFING SCHEDULE RE DEFENDANTS' MOTION TO STAY

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1 time of their opposition, and that they now need a brief extension of five days to be able to account 2 for the new status of the case in their opposition to the motion to stay (Smith Declaration, ¶ 3); 3 WHEREAS, furthermore, Plaintiffs have represented that Plaintiff Akeena Solar,

4 Inc. is a public company whose client representative is very busy preparing for an earnings call 5 this week, and that the client representative's input is needed as Plaintiffs readjust and revamp 6 their opposition arguments, but that the client representative is unavailable this week due to the 7 earnings call (Smith Declaration, ¶ 4); 8 WHEREAS, furthermore, Plaintiffs have represented that their lead counsel is

9 scheduled to be giving a speech in southern California on February 11, 2010 (the current due date 10 of Plaintiffs' opposition to the motion to stay) and his availability and input is needed to craft a 11 new opposition (Smith Declaration, ¶ 5); 12 13 WHEREAS, Monday, February 15, 2010 is a federal holiday (Presidents Day); WHEREAS, the only previous modifications of time in this action were when

14 Plaintiffs stipulated on November 11, 2009 to extend Defendants time to answer or otherwise 15 respond to the Complaint (Docket No. 8), and when a slightly new case management schedule was 16 ordered by the Court on December 3, 2009 after this action was reassigned from a magistrate 17 judge to this Court (Docket No. 12); and 18 WHEREAS, the time extensions requested herein should not have an appreciable

19 effect on the overall progress of this case, but will simply extend the briefing dates pertaining to 20 Defendants' motion to stay by five days and will not affect the hearing date on the motion to stay 21 (Smith Declaration, ¶ 6); 22 23 24 25 26 27 28
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STIPULATION AND [PROPOSED] ORDER TO CHANGE TIME OF BRIEFING SCHEDULE RE DEFENDANTS' MOTION TO STAY

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NOW, THEREFORE, IT IS HEREBY STIPULATED, by all parties to this action,

2 through their counsel of record, that Plaintiffs' deadline to file an opposition to Defendants' motion 3 to stay be continued from February 11, 2010 to February 16, and that Defendants' related reply 4 deadline be continued from February 18 to February 23, but that the hearing date on Defendants' 5 motion to stay shall remain March 5, 2010 at 9:00 a.m. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 20 21 22 23 24 25 26 27 28
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ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. However, the Court HEREBY CONTINUES the hearing to March 19, 2010 at 9:00 a.m.

February 11, 2010 Dated: ________________________

________________________________ Honorable Jeffrey S. White UNITED STATES DISTRICT JUDGE

Dated: February 10, 2010

By

/s/ Neil A. Smith NEIL A. SMITH MICHAEL A. MOLANO NATHANIEL BRUNO Attorneys for Plaintiffs AKEENA SOLAR, INC. and ANDALAY SOLAR, INC.

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Civil Action No. 3:09-CV-05040-JSW

STIPULATION AND [PROPOSED] ORDER TO CHANGE TIME OF BRIEFING SCHEDULE RE DEFENDANTS' MOTION TO STAY