E.I. Du Pont De Nemours and Company v. USA Performance Technology, Inc. et al

Filing 78

ORDER Extending Stay of Action RE 77 Status Report. Signed by Judge JEFFREY S. WHITE on 3/25/14. (jjoS, COURT STAFF) (Filed on 3/25/2014)

Case3:11-cv-01665-JSW Document77 Filed03/24/14 Page1 of 3

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GLYNN & FINLEY, LLP
CLEMENT L. GLYNN, Bar No. 57117
MORGAN K. LOPEZ, Bar No. 215513
JONATHAN A. ELDREDGE, Bar No. 238559
One Walnut Creek Center
100 Pringle Avenue, Suite 500
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]

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Attorneys for E. I. du Pont de Nemours and Company

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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E. I. DU PONT DE NEMOURS AND
COMPANY,

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Plaintiff,
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v.
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USA PERFORMANCE TECHNOLOGY,
INC., PERFORMANCE GROUP (USA),
INC., WALTER LIEW, and JOHN LIU,

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Defendants.
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Case No. 3:11-cv-01665-JSW
JOINT STATUS REPORT AND
[PROPOSED] ORDER EXTENDING
STAY OF ACTION
Judge: Hon. Jeffrey S. White
Hearing Date: None

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Pursuant to the Court’s February 25, 2014 Order, Plaintiff E. I. du Pont de Nemours and

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Company (“DuPont”) and defendants Walter Liew and USA Performance Technology, Inc.

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(collectively “USAPT”) submit this Joint Status Report. The parties request that the stay in this

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matter set to expire on March 31, 2014, remain in place for an additional 90 days, through

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June 30, 2014.

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On April 6, 2011, DuPont filed the instant suit. (Docket # 1.) Defendants filed their

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Substituted Answer and Counterclaim on July 11, 2011. (Docket # 35.) The action was first

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stayed on July 22, 2011. (Docket # 39.)

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-1JOINT STATUS REPORT AND [PROPOSED] ORDER EXTENDING STAY

Case3:11-cv-01665-JSW Document77 Filed03/24/14 Page2 of 3

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On August 23, 2011, the United States filed United States v. Walter Liew and Christina

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Liew, No. CR-11-0573-RS. On February 7, 2012, the United States filed a superseding

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indictment in said action. (Id. at Docket # 64.) On March 12, 2013, the United States filed a

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Second Superseding Indictment. (Id. at Docket # 269.) On or about January 7, 2014, trial began

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in the criminal action. On March 5, 2014, the jury returned its verdict, finding Mr. Liew and

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USAPTI guilty of all counts with which they were charged. (Id. at Docket # 804.)

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Sentencing in the criminal case is scheduled for June 10, 2014, at which time the Court

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will consider restitution to DuPont. As the Court’s disposition of the restitution issue may affect

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the further course of this case, the parties request that the stay be extended an additional 90 days,

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to and including June 30, 2014, at which time the parties will report to the Court regarding their

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proposals for further proceedings.

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Dated: March 24, 2014

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By /s/ Morgan K. Lopez
Attorneys for Plaintiff

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GLYNN & FINLEY, LLP
CLEMENT L. GLYNN
MORGAN K. LOPEZ
JONATHAN A. ELDREDGE
One Walnut Creek Center
100 Pringle Avenue, Suite 500
Walnut Creek, CA 94596

Dated: March 24, 2014

MOUNT SPELMAN & FINGERMAN P.C.
DANIEL S. MOUNT
KEVIN M. PASQUINELLI
RiverPark Tower, Suite 1650
333 West San Carlos Street
San Jose, CA 95110-2740
By /s/ Daniel S. Mount
Attorneys for Defendants USA Performance
Technology, Inc., and Walter Liew

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-2JOINT STATUS REPORT AND [PROPOSED] ORDER EXTENDING STAY

Case3:11-cv-01665-JSW Document77 Filed03/24/14 Page3 of 3

[PROPOSED] ORDER

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Having read and considered the Joint Status Report,

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IT IS ORDERED THAT:

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The parties’ request that the stay be extended until June 30, 2014 is hereby GRANTED.

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Counsel shall submit a joint status report on or before June 23, 2014.

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7 March ____, 2014
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Honorable Jeffrey S. White
UNITED STATES DISTRICT JUDGE

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-3JOINT STATUS REPORT AND [PROPOSED] ORDER EXTENDING STAY