Implicit Networks, Inc. v. VMWare, Inc. et al

Filing 34

ORDER extending time to respond (tf, COURT STAFF) (Filed on 6/15/2010)

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

Katherine K. Lutton (CA Bar No. 194971) [e-mail] Tamara Fraizer (CA Bar No. 215942) [e-mail] Robert J. Kent (CA Bar No. 250905) [e-mail] FISH & RICHARDSON P.C. 500 Arguello Street, Suite 500 Redwood City, California 94063-1526 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants VMWARE, INC. and RED HAT, INC. Spencer Hosie (CA Bar No. 101777) [e-mail] Bruce Wecker (CA Bar No. 078530) [e-mail] George F. Biship (CA Bar No. 89205) [e-mail] HOSIE RICE LLP 188 The Embarcadero, Suite 750 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff IMPLICIT NETWORKS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION)

IMPLICIT NETWORKS, INC. Plaintiff, v. VMWARE, INC. and RED HAT, INC., Defendants.

Case No. C 10-00720 SI STIPULATED JOINT MOTION AND [PROPOSED] ORDER TO EXTEND THE TIME FOR DEFENDANTS VMWARE, INC. AND RED HAT, INC. TO RESPOND TO PLAINTIFF'S COMPLAINT

/// /// ///
STIPULATED JT MOT AND [PROP] ORDER TO EXTEND TIME FOR VMWARE AND RED HAD TO RESPOND TO COMPLAINT Case No. C 10-00720 SI

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

TO THE COURT AND ALL PARTIES OF RECORD: PLEASE TAKE NOTICE that Plaintiff Implicit Networks, Inc. ("Plaintiff") and Defendants VMware, Inc. ("VMware") and Red Hat, Inc. ("Red Hat") file this Stipulated Joint Motion and Proposed Order to Extend the Time for Defendants VMware, Inc. and Red Hat, Inc. to Respond to P l aintiff's Complaint. The parties to this action are currently reviewing matters relevant to a possible resolution of this matter and also have a mutual interest in the orderly and efficient conduct of this litigation. They agree that this extension of time will assist the parties in either resolving this dispute or in formulating their pleadings and responses in the present action. Having thus met and conferred on the issue, the parties hereby stipulate that the deadline for VMware and Red Hat to answer or otherwise respond to Plaintiff's complaint should be extended 45 days until July 29, 2010, and also move the court to order that this deadline be extended to July 29, 2010.

Dated: J une 11, 2010

FISH & RICHARDSON P.C.

By: /s/ Tamara Fraizer Tamara Fraizer Attorney for Defendants VMWARE, INC. and RED HAT, INC.

Dated: June 11, 2010

HOSIE RICE LLP

By: /s/ Tamara Fraizer on behalf of George Bishop George Bishop Attorney for Plaintiff IMPLICIT NETWORKS, INC. /// /// ///

2

STIPULATED JT MOT AND [PROP] ORDER TO EXTEND TIME FOR VMWARE AND RED HAD TO RESPOND TO COMPLAINT. Case No. C 10-00720 SI

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
50718135.doc

DECLARATION Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from George Bishop. Dated: J une 11, 2010 FISH & RICHARDSON P.C.

By: /s/ Tamara Fraizer Tamara Fraizer Attorney for Defendants VMWARE, INC. and RED HAT, INC.

3

STIPULATED JT MOT AND [PROP] ORDER TO EXTEND TIME FOR VMWARE AND RED HAD TO RESPOND TO COMPLAINT. Case No. C 10-00720 SI

1 2 3 4 5 6 Dated: ________________, 2010. 7 8 9 10 11
50718135.doc

ORDER Pursuant to stipulation, IT IS SO ORDERED that Defendants VMware, Inc.'s and Red Hat, Inc.'s answer or other response to Implicit Network's complaint shall be due on July 29, 2010.

Honorable Susan Illston United States District Court Judge

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4
STIPULATED JT MOT AND [PROP] ORDER TO EXTEND TIME FOR VMWARE AND RED HAD TO RESPOND TO COMPLAINT. Case No. C 10-00720 SI

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
50718135.doc

CERTIFICATE OF SERVICE The undersigned hereby certifies that on June 11, 2010, all counsel of record who are deemed to have consented to electronic service are being served with a copy of the STIPULATED JOINT MOTION TO EXTEND THE TIME FOR DEFENDANTS VMWARE, INC. AND RED HAD, INC. TO RESPOND TO PLAINTIFF'S COMPLAINT via the Court's CM/ECF system per Local Rule 5-4 and General Order 45. Any other counsel of record will be served by first class mail.

/s/ Tamara Fraizer Tamara Fraizer

5

STIPULATED JT MOT AND [PROP] ORDER TO EXTEND TIME FOR VMWARE AND RED HAD TO RESPOND TO COMPLAINT Case No. C 10-00720 SI