SPECS USA Corp. v. SPECS Surface Nano Analysis GmbH et al

Filing 63

ORDER re 62 STIPULATION WITH PROPOSED ORDER re 61 Order on Stipulation and [Proposed] Order to Continue Deadline for Submission of Joint Letter Brief re Discovery Issues filed by SPECS Surface Nano Analysis, Inc., SPECS Surface Nano Analysis GmbH. Signed by Magistrate Judge Donna M. Ryu on 4/16/2012. (hlkS, COURT STAFF) (Filed on 4/16/2012)

Case3:10-cv-04250-JW Document62 Filed04/16/12 Page1 of 3

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KENNETH E. KELLER (SBN 71450) [e-mail]
MICHAEL D. LISI (SBN 196974) [e-mail]
GARTH A. ROSENGREN SBN 215732) [e-mail]
KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP
555 Montgomery Street, 17th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
SPECS SURFACE NANO ANALYSIS GmbH
and SPECS SURFACE NANO ANALYSIS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. CV 10-4250 JW
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In Re SPECS
SECOND STIPULATION AND
[PROPOSED] ORDER TO CONTINUE
DEADLINE FOR SUBMISSION OF
JOINT LETTER BRIEF RE DISCOVERY
ISSUES

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Judge:
Hon. Donna N. Ryu
Courtroom:
4, 3rd Floor (Oakland)
Complaint Filed: August 19, 2010

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WHEREAS on April 2, 2012, SPECS Surface Nano Analysis GmbH (“SPECS GmbH”)

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and SPECS Surface Nano Analysis, Inc. (“SPECS Nano”) filed (1) a Motion for Protective

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Order and (2) a Motion to Compel Attendance of Defendants at Depositions, along with a

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Motion to Shorten Time, and noticed those motions for hearing before the Honorable James

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Ware;

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WHEREAS on April 3, 2012, Judge Ware denied the motion to shorten time, and
referred the discovery motions to this Court (Docket Nos. 56, 57);
WHEREAS that same day, this Court issued an order requiring that the parties comply
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____________________________________________________________________________
SECOND STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE FOR
SUBMISSION OF JOINT LETTER BRIEF RE DISCOVERY ISSUES
Case No. CV 10-4250 JW

Case3:10-cv-04250-JW Document62 Filed04/16/12 Page2 of 3

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with the Court’s standing order regarding the submission of a joint letter addressing discovery

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disputes, and further ordered that any such letter relating to the previously filed motions should

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be filed no later than Friday, April 13, 2012 (Docket No. 58);

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WHEREAS, because of conflicts with other matters, including out-of-state travel and

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pretrial filing deadlines in a matter before the Honorable Claudia Wilken, counsel for SPECS

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GmbH and SPECS Nano met and conferred with counsel for Rickmer Kose and SPECS USA

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Corp., and the parties agreed to extend the deadline for submission of the joint letter until

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Wednesday, April 18, 2012, subject to approval of this Court;

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WHEREAS, on April 10, 2012, the parties submitted a Stipulation and Proposed Order

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seeking an extension of the deadline for the joint letter brief until April 18th (e-docket no. 60);
WHEREAS, on April 11, 2012, the Court granted that request and entered an order

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setting the deadline for submission of the joint letter brief for April 18, 2012;

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WHEREAS, the following day, on April 12, 2012, counsel for SPECS GMB and

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SPECS Inc., Michael Lisi, learned that his father-in-law had passed away, and the services now

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are scheduled such that Mr. Lisi will be out of town on April 17 and April 18;

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WHEREAS, on April 13, 2012, upon learning of this issue, counsel for SPECS USA

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and Kose graciously offered to extend the filing deadline to accommodate Mr. Lisi’s family

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issues; and

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THEREFORE, the parties have now met and conferred and hereby stipulate, subject to

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the approval of this Court, that the deadline for submission of the parties’ joint letter brief shall

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be continued to Friday, April 20, 2012; and that SPECS GmbH and SPECS Inc. will provide

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their portions of the letter brief by the close of business on April 16, 2012, while SPECS USA

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and Kose shall provide their portions of the letter brief by no later than 11 AM on Thursday,

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April 19, 2012.

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____________________________________________________________________________
SECOND STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE FOR
SUBMISSION OF JOINT LETTER BRIEF RE DISCOVERY ISSUES
Case No. CV 10-4250 JW

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Case3:10-cv-04250-JW Document62 Filed04/16/12 Page3 of 3

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Dated: April 16, 2012

KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP

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By: ____/s/ Michael D. Lisi____________________
MICHAEL D. LISI
Attorneys for Plaintiffs and Counterdefendants
SPECS SURFACE NANO ANALYSIS GMBH
AND SPECS SURFACE NANO ANALYSIS, INC

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Dated: April 16, 2012

NOSSAMAN LLP

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By: ____/s/ Chi Soo Kim_______________________
CHI SOO KIM
Attorneys for Defendants and Counter-claimaints
SPECS USA CORP. AND RICKMER KOSE

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I hereby attest that I have been authorized by the above counsel to execute on their

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behalf this Second Stipulation and [Proposed] Order to Continue Deadline for Submission of

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Joint Letter Brief re Discovery Issues.
Executed on this 16th day of April, 2012, at San Francisco, California.

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_________/s/____________________________
MICHAEL D. LISI

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S
UNIT
ED

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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________________________________________
THE HON. DONNA M. RYUa M. Ryu
nn
UNITED STATESdge Do
Ju MAGISTRATE JUDGE

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April 16, 2012
Dated: __________________

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____________________________________________________________________________
SECOND STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE FOR
SUBMISSION OF JOINT LETTER BRIEF RE DISCOVERY ISSUES
Case No. CV 10-4250 JW