U2 Home Entertainment, Inc. v. Hanya Star Culture & Technology Co., Ltd. et al

Filing 67

ORDER GRANTING 66 Stipulation for Order to Extend Time to Submit Supplemental CMC Statement (including Proposed Trial Schedule). Signed by Judge JEFFREY S. WHITE on 8/1/11. (jjoS, COURT STAFF) (Filed on 8/1/2011)

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Case3:10-cv-05615-JSW Document66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Filed07/29/11 Page1 of 5 RICHARD J. IDELL (SBN: 069033) ELIZABETH J. REST (SBN: 244756) IDELL & SEITEL LLP 465 California Street, Suite 300 San Francisco, CA 94104 Telephone: (415) 986-2400 Facsimile: (415) 392-9259 Emails: richard.idell@idellseitel.com; erest@idellseitel.com Attorneys for Plaintiff U2 HOME ENTERTAINMENT, INC. TOD L. GAMLEN (SBN: 83458) KEITH L. WURSTER (SBN: 198918) BAKER & McKENZIE LLP 660 Hansen Way Palo Alto, CA 94304-1044 Telephone: (650) 856-2400 Facsimile: (650) 856-9299 Emails: tod.gamlen@bakermckenzie.com; keith.wurster@bakermckenzie.com Attorneys for Defendant iTALK GLOBAL COMMUNICATIONS, INC. dba iTALKBB 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 NORTHERN DIVISION 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) ) Plaintiff, ) ) vs. ) ) HANYA STAR CULTURE & TECHNOLOGY CO., LTD., a foreign corporation doing business in ) California, and doing business as HANYA STAR ) ) COMPANY, INC.; ITALK GLOBAL COMMUNICATIONS, INC., a foreign corporation ) doing business in California, and doing business as ) ) ITALKBB; and DOES 1 through 100, inclusive, ) ) Defendants. U2 HOME ENTERTAINMENT, INC., a California Corporation doing business as CENTURY HOME ENTERTAINMENT and TAI SENG ENTERTAINMENT, Case No.: CV 10-05615 JSW STIPULATION FOR ORDER TO EXTEND TIME TO SUBMIT SUPPLEMENTAL CMC STATEMENT (INCLUDING PROPOSED TRIAL SCHEDULE); ORDER [PROPOSED] THEREON Complaint Filed: December 10, 2010 First Amended Complaint Filed: March 11, 2011 Honorable Judge Jeffrey S. White, Presiding (E-filing) 1 STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO SUBMIT PROPOSED TRIAL SCHEDULE Case No.: CV 10-05615 JSW Case3:10-cv-05615-JSW Document66 Filed07/29/11 Page2 of 5 1 Pursuant to Rule 6(b) of the Federal Rules of Civil Procedure and Rule 6-1(b) of the Civil Local 2 Rules of the United States District Court, Northern District of California, Plaintiff U2 HOME 3 ENTERTAINMENT, INC., a California corporation, doing business as CENTURY HOME 4 ENTERTAINMENT and TAI SENG ENTERTAINMENT (“U2” or “Plaintiff”), on the one hand, and 5 Defendant iTALK GLOBAL COMMUNICATIONS, INC., doing business as iTALKBB (“Defendant” 6 or “iTalk”), on the other hand, hereby agree and stipulate as follows: 7 8 WHEREAS, a Case Management Conference was held in this matter on July 22, 2011, at 1:30 p.m. in Courtroom 11; and 9 WHEREAS, at the Case Management Conference the Honorable Judge Jeffrey S. White ordered 10 counsel for U2 and Defendant iTalk to submit a supplemental CMC Statement (“Supplemental CMC 11 Statement”)setting forth a schedule for the pre-trial proceedings (to cover up to the hearing date for 12 dispositive motions) by no later than July 29, 2011; and 13 WHEREAS, all of the parties to this case, including Defendant HANYA STAR CULTURE & 14 TECHNOLOGY CO., LTD., a foreign corporation doing business in California, and doing business as 15 HANYA STAR COMPANY, INC., who has not yet been served, have been engaging in settlement 16 discussions and are very close to reaching a settlement of this matter; 17 18 WHEREAS, one or more parties have asked their counsel not to engage in additional work pending the outcome of such settlement discussions; and 19 WHEREAS, in light of these events the parties believe it would serve judicial economy and 20 conserve resources if the time to submit the Supplemental CMC Statement be extended by thirty (30) 21 so that the parties can hopefully complete a settlement of this matter without incurring additional 22 attorneys’ fees; and 23 WHEREAS, Rule 6-1(b) of the Civil Local Rules of the United States District Court, Northern 24 District of California, permits the parties to request an enlargement of time by stipulation in writing; 25 and 26 WHEREAS, Plaintiff and Defendant iTalk agree that the requested enlargement of time will 27 allow the parties adequate time to further discuss settlement and potentially reach a settlement of this 28 matter; and 2 STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO SUBMIT PROPOSED TRIAL SCHEDULE Case No.: CV 10-05615 JSW Case3:10-cv-05615-JSW Document66 1 2 Filed07/29/11 Page3 of 5 WHEREAS, Plaintiff and Defendant iTalk agree that the date by which Plaintiff and iTalk shall submit the Supplemental CMC Statement shall be no later than August 29, 2011, and; 3 NOW THEREFORE, Plaintiff and Defendant iTalk, by and through their respective 4 undersigned counsel, hereby stipulate that the time for the Plaintiff and Defendant iTalk to submit the 5 Supplemental CMC Statement that was ordered by the Court at the July 22, 2011 Case Management 6 Conference be extended up to and including August 29, 2011; and 7 8 SO STIPULATED. 9 10 IDELL & SEITEL LLP Dated: July 29, 2011 By: 11 12 13 Dated: July 29, 2011 /Richard J. Idell/ Richard J. Idell Attorneys for Plaintiff U2 HOME ENTERTAINMENT, INC. BAKER & McKENZIE LLP 14 By: 15 16 17 18 /Tod L. Gamlen/ Tod L. Gamlen Attorneys for Defendant iTALK GLOBAL COMMUNICATIONS, INC. dba iTALK BB ATTESTATION OF CONCURRENCE 19 I, Richard J. Idell, attest that I am one of the attorneys for Plaintiff U2 Home Entertainment, 20 Inc., and as the ECF user and filer of this document, I attest that, pursuant to General Order No. 21 45(X)(B), concurrence in the filing of this document has been obtained from Tod L. Gamlen, the above 22 signatory. 23 24 Dated: July 29, 2011 By: 25 26 27 /Richard J. Idell/ Richard J. Idell [PROPOSED] ORDER IT IS SO ORDERED. 28 3 STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO SUBMIT PROPOSED TRIAL SCHEDULE Case No.: CV 10-05615 JSW Case3:10-cv-05615-JSW Document66 1 2 3 Filed07/29/11 Page4 of 5 Dated: August 1, 2011 Hon. Jeffrey S. White Judge of the United States District Court Northern District of California 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 4 STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO SUBMIT PROPOSED TRIAL SCHEDULE Case No.: CV 10-05615 JSW

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