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

Filing 53

ORDER extending time to respond to complaint. Signed by Judge Illston on 8/27/10. (tf, COURT STAFF) (Filed on 8/30/2010)

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

Doc. 53

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Katherine K. Lutton (CA Bar No. 194971) [e-mail] Shelley K. Mack (CA Bar No. 209596) [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. Bishop (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 DEFENDANT RED HAT, INC. TO RESPOND TO PLAINTIFF'S COMPLAINT

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

Dockets.Justia.com

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TO THE COURT AND ALL PARTIES OF RECORD: PLEASE TAKE NOTICE that Plaintiff Implicit Networks, Inc. ("Plaintiff") and Defendant Red Hat, Inc. ("Red Hat") file this Stipulated Joint Motion and Proposed Order to Extend the Time for Defendant Red Hat, Inc. to Respond to Plaintiff's Complaint. 1 The parties to this action are continuing their efforts to informally resolve this matter and anticipate that a full settlement will be reached within the next few weeks. The parties have a mutual interest in the orderly and efficient conduct of this litigation, and agree that this extension of time will assist them in resolving this dispute. Having thus met and conferred on the issue, the parties hereby stipulate that the deadline for Red Hat to answer or otherwise respond to Plaintiff's complaint should be extended 30 days until September 29, 2010, and also move the court to order that this deadline be extended to September 29, 2010.

Dated: August 25, 2010

FISH & RICHARDSON P.C.

By: /s/ Shelley K. Mack Shelley K. Mack Attorney for Defendant RED HAT, INC.

Dated: August 25, 2010

HOSIE RICE LLP

By: /s/ George Bishop George Bishop Attorney for Plaintiff IMPLICIT NETWORKS, INC. /// ///

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On August 25, 2010, Implicit filed a voluntary Notice of Dismissal Without Prejudice of its claims against defendant VMWare, Inc. 2
STIPULATED JT MOT AND [PROP] ORDER TO EXTEND TIME FOR RED HAT 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 Dated: August 25, 2010

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.

FISH & RICHARDSON P.C.

By: /s/ Shelley K. Mack Shelley K. Mack Attorney for Defendant RED HAT, INC.

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

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

Honorable Susan Illston United States District Court Judge

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

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50731177.doc

CERTIFICATE OF SERVICE The undersigned hereby certifies that on August 25, 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 DEFENDANT RED HAT, 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/ Shelley K. Mack Shelley K. Mack

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