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

Filing 70

ORDER GRANTING 69 Stipulation To Extend Time to Submit Supplemental CMC Statement (Including Proposed Trial Schedule). Signed by Judge Jeffrey S. White on 8/25/11. (jjoS, COURT STAFF) (Filed on 8/25/2011)

Case3:10-cv-05615-JSW Document69

1
2
3
4
5
6
7
8
9
10
11
12
13
14

Filed08/24/11 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: [phone]
Facsimile: [phone]
Emails: [e-mail]; [e-mail]
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: [phone]
Facsimile: [phone]
Emails: [e-mail]; [e-mail]
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 Document69

Filed08/24/11 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, Plaintiff and Defendant iTalk previously stipulated, and this Court ordered on

14

August 1, 2011, that Plaintiff and Defendant iTalk would submit the Supplemental CMC Statement by

15

no later than August 29, 2011; and

16

WHEREAS, all of the parties to this case, including Defendant HANYA STAR CULTURE &

17

TECHNOLOGY CO., LTD., a foreign corporation doing business in California, and doing business as

18

HANYA STAR COMPANY, INC., who has not yet been served, have been engaging in settlement

19

discussions, which discussions have included the preparation and distribution of drafts of written

20

settlement agreement(s), and are very close to reaching a settlement of this matter; and

21
22

WHEREAS, one or more parties have asked their counsel not to engage in additional work
pending the outcome of such settlement discussions; and

23

WHEREAS, in light of these events the parties believe it would serve judicial economy and

24

conserve resources if the time to submit the Supplemental CMC Statement be extended by thirty (30)

25

days so that the parties can hopefully complete a settlement of this matter without incurring additional

26

attorneys’ fees; and

27

WHEREAS, Rule 6-1(b) of the Civil Local Rules of the United States District Court, Northern

28

District of California, permits the parties to request an enlargement of time by stipulation in writing;
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 Document69

1
2
3

Filed08/24/11 Page3 of 5

and
WHEREAS, this is the second request for extension of the date by which Plaintiff and
Defendant iTalk will submit the Supplemental CMC Statement; and

4

WHEREAS, Plaintiff and Defendant iTalk agree that the requested enlargement of time will

5

allow the parties adequate time to further discuss settlement and potentially reach a settlement of this

6

matter; and

7
8

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 September 29, 2011; and

9

NOW THEREFORE, Plaintiff and Defendant iTalk, by and through their respective

10

undersigned counsel, hereby stipulate that the time for the Plaintiff and Defendant iTalk to submit the

11

Supplemental CMC Statement that was ordered by the Court at the July 22, 2011, Case Management

12

Conference be extended up to and including September 29, 2011;

13

SO STIPULATED.

14
15

IDELL & SEITEL LLP
Dated: August 24, 2011

By:

16
17
18

Dated: August 24, 2011

19

BAKER & McKENZIE LLP
By:

20
21
22
23

/Richard J. Idell/
Richard J. Idell
Attorneys for Plaintiff U2 HOME ENTERTAINMENT,
INC.

/Tod L. Gamlen/
Tod L. Gamlen
Attorneys for Defendant
iTALK GLOBAL COMMUNICATIONS, INC. dba iTALK
BB

ATTESTATION OF CONCURRENCE

24

I, Richard J. Idell, attest that I am one of the attorneys for Plaintiff U2 Home Entertainment,

25

Inc., and as the ECF user and filer of this document, I attest that, pursuant to General Order No.

26

45(X)(B), concurrence in the filing of this document has been obtained from Tod L. Gamlen, the above

27

signatory.

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 Document69

1

Dated: August 24, 2011

2

/Richard J. Idell/
Richard J. Idell

[PROPOSED] ORDER

3
4

By:

Filed08/24/11 Page4 of 5

IT IS SO ORDERED.

5
6
7
8

Dated: August 25, 2011
Hon. Jeffrey S. White
Judge of the United States District Court
Northern District of California

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