Olympic Developments AG, LLC v. Microsoft Corporation et al

Filing 73

ORDER granting re 72 Stipulation To Extend Time For Sony Computer Entertainment America LLC To File Renewed Version of Motions Or To Respond to Complaint filed by Olympic Developments AG, LLC. Signed by Judge Joseph C. Spero on 3/28/11. (fj, COURT STAFF) (Filed on 3/28/2011)

Olympic Developments AG, LLC v. Microsoft Corporation et al

Doc. 73

Case3:11-cv-01080-JCS Document72

Filed03/25/11 Page1 of 4

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

Steven W. Ritcheson, Esq. (SBN 174062) WHITE FIELD, Inc. 9800 D Topanga Canyon Blvd. #347 Chatsworth, California 91311 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiff Olympic Developments AG, LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

OLYMPIC DEVELOPMENTS AG, LLC, vs. Plaintiff,

SONY COMPUTER ENTERTAINMENT AMERICA LLC Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 3:11-cv-01080-JCS Mag. Judge: Hon. Joseph C. Spero JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR SONY COMPUTER ENTERTAINMENT AMERICA LLC TO FILE RENEWED VERSIONS OF MOTIONS OR TO RESPOND TO COMPLAINT

Plaintiff Olympic Developments AG, LLC originally filed this patent case against Defendant Sony Computer Entertainment America LLC ("SCEA") in the Central District of California. In response to Plaintiff's Complaint, SCEA moved to dismiss Plaintiff's claim of indirect infringement (Doc. 39). Before ruling on SCEA's motion to dismiss, and pursuant to the parties' stipulation, the Central District Court ordered that the case be transferred to the Northern District of California. (Doc. 63, 66). The Order transferring the case also provided that "SCEA shall have 14 days from the docketing of those claims in the Northern District of California to file a renewed version of the Motion to Dismiss
JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR SCEA TO FILE RENEWED MOTION OR TO RESPOND TO COMPLAINT Page 1
Dockets.Justia.com

Case3:11-cv-01080-JCS Document72

Filed03/25/11 Page2 of 4

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

(which may include new arguments and authorities) or otherwise respond to the First Amended Complaint." (Doc. 66 at 2). The case was docketed with this Court March 11, 2011, making SCEA's renewed motion to dismiss due on March 25, 2011. (Doc. Nos. 68 and 70). The Parties are continuing to confer on the relief requested in SCEA's motion to dismiss, and jointly request that the Court extend the deadline for SCEA to file its renewed motion to dismiss by thirty (30) days to permit the Parties time to explore whether an agreement can be reached. Pursuant to Civil L.R. 6.1(a), therefore, the Parties now stipulate and agree that SCEA shall have until April 25, 2011 to file a renewed version of its motion to dismiss or otherwise respond to Plaintiff's First Amended Complaint. The Parties further stipulate that Plaintiff may amend its complaint to remove its allegations of and claims for indirect infringement. If Plaintiff amends its complaint to remove its indirect infringement allegations, then SCEA shall have 14 days from service of the amended complaint in which to respond. Pursuant to Civil L.R. 6.2(a), the Declaration of Steven W. Ritcheson setting forth the reasons for the extension accompanies this Joint Stipulation and [Proposed] Order.

JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR SCEA TO FILE RENEWED MOTION OR TO RESPOND TO COMPLAINT

Page 2

Case3:11-cv-01080-JCS Document72

Filed03/25/11 Page3 of 4

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

IT IS SO STIPULATED. Dated: March 25, 2011 WHITE FIELD, INC. By: /s/ Steven W. Ritcheson______ Steven W. Ritcheson Attorneys for Plaintiff Olympic Developments AG, LLC

SHOOK, HARDY & BACON L.L.P. By: /s/ Eric. A. Buresh __________ Eric A. Buresh Attorneys for Defendant Sony Computer Entertainment America LLC

Dated: _______________ PURSUANT TO STIPULATION, IT IS SO ORDERED.
UNIT ED

Dated: _______________

___________________________ Hon. Joseph C. Spero C RN MagistrateEJudge of the United States F D IS T IC T O R District Court, Northern District
A

JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR SCEA TO FILE RENEWED MOTION OR TO RESPOND TO COMPLAINT

LI

FO

se Judge Jo

pero ph C. S

R NIA

03/28/11

S

ISTRIC ES D TC AT T

RT U O

NO

RT

H

Page 3

Case3:11-cv-01080-JCS Document72

Filed03/25/11 Page4 of 4

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

SIGNATURE ATTESTATION Pursuant to General Order 45.X(B), I hereby attest that concurrence has been obtained from the above-named counsel indicated by a "conformed" signature(s) within this e-filed document. /s/ Steven W. Ritcheson Steven W. Ritcheson

JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR SCEA TO FILE RENEWED MOTION OR TO RESPOND TO COMPLAINT

Page 4