eSilicon Corporation v. Silicon Space Technology Corporation

Filing 98

STIPULATION AND ORDER AS MODIFIED re 96 STIPULATION TO CONTINUE NOVEMBER 27, 2012 FURTHER CASE MANAGEMENT CONFERENCE filed by Silicon Space Technology Corporation: Case Management Statement due by 2/5/2013. Further Case Management Conference set for 2/12/2013 10:00 AM in Courtroom E, 15th Floor, San Francisco. Signed by Judge Elizabeth D Laporte on 11/5/2012. (knm, COURT STAFF) (Filed on 11/6/2012)

1
2
3
4
5
6

RODGER R. COLE (CSB No. 178865)
[e-mail]
RYAN TYZ (CSB No. 234895)
[e-mail]
MEREDITH L. ERDMAN (CSB No. 273126)
[e-mail]
FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
Telephone: [phone]
Facsimile:
650.938.5200

7
8
9
10
11

MOUNTAIN VIEW

ATTORNEYS AT LAW

F ENWICK & W EST LLP

12
13
14
15

Attorneys for Plaintiff
eSILICON CORPORATION
DENISE M. DE MORY (SBN 168076)
[e-mail]
CHRISTINA M. FINN (SBN 247838)
[e-mail]
BUNSOW, DE MORY, SMITH, & ALLISON LLP
55 Francisco Street, 6th Floor
San Francisco, CA 94133
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
SILICON SPACE TECHNOLOGY
CORPORATION

16
17

UNITED STATES DISTRICT COURT

18

NORTHERN DISTRICT OF CALIFORNIA

19

SAN FRANCISCO DIVISION

20
21

eSILICON CORPORATION, a Delaware
Corporation,

22
23
24
25
26

Plaintiff,
v.
SILICON SPACE TECHNOLOGY
CORPORATION, a Delaware Corporation,
Defendant.

Case No. 3:11-CV-6184-EDL
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE NOVEMBER
27, 2012 FURTHER CASE
MANAGEMENT CONFERENCE
AS MODIFIED
Date:
November 27, 2012
Time:
9:00 a.m.
Dept:
Courtroom E – 15th Floor
Judge:
Magistrate Judge Laporte
Trial Date: October 7, 2012

27
28
STIP. AND [PROPOSED] ORDER TO
CONTINUE CASE MGMT. CONF.

Case No. 3:11-CV-6184-EDL

This Stipulation and [Proposed] Order is entered into by and between counsel for Plaintiff

1
2

eSilicon Corporation (“eSilicon”) and counsel for Defendant Silicon Space Technology

3

Corporation (“SST”) (collectively, the “Parties”) as follows:
WHEREAS, a related action is currently pending before the District Court of Travis

4
5

County, Texas, 126th Judicial District, Silicon Space Technology Corp. v. eSilicon Corp., Case

6

No. D-1-GN-11-001750 (the “Texas Action”);
WHEREAS, trial in the Texas Action was formerly scheduled to begin on October 15,

7
8

2012;

9

WHEREAS, pursuant to the August 8, 2012 Case Management and Pretrial Order for Jury

10

Trial (Dkt. No. 79), a further case management conference was scheduled for November 13, 2012

11

at 10:00 a.m.;

MOUNTAIN VIEW

ATTORNEYS AT LAW

F ENWICK & W EST LLP

12

WHEREAS, the August 8, 2012 Case Management and Pretrial Order for Jury Trial (Dkt.

13

No. 79) states that the parties shall file an updated joint case management conference statement

14

no later than November 6, 2012;

15

WHEREAS, pursuant to the Court’s October 3, 2012 Order Granting in Part With Leave

16

to Amend Plaintiff’s Motion for Judgment on the Pleadings (Dkt. No. 92), the parties are to file a

17

joint report within a week of the conclusion of the trial in the Texas Action informing the Court

18

of the outcome of that case and its impact on this case;

19
20
21
22

WHEREAS, on September 27, 2012, the Texas court continued the October 15, 2012 trial
of the Texas Action to January 14, 2013 due to outstanding discovery issues;
WHEREAS, on October 11, 2012, eSilicon requested an additional extension of the
January 14, 2013 trial date due to outstanding discovery;

23

WHEREAS, the Texas court denied eSilicon’s request for an extension of the trial date as

24

premature but noted that eSilicon may renew its request at a later date depending on the status of

25

SST’s document production;

26
27
28

WHEREAS, eSilicon may wish to renew its request for an extension of the January 14,
2013 trial in the Texas Action at a later time;
WHEREAS, on November 2, 2012, the Court reset the further case management
STIP. AND [PROPOSED] ORDER TO
CONTINUE CASE MGMT. CONF.

2

Case No. 3:11-CV-6184-EDL

1

conference that was scheduled for November 13, 2012 at 10:00 a.m. to November 27, 2012, at

2

9:00 a.m., to be heard with the Motion to Dismiss (Dkt. No 95);

3
4
5
6
7
8
9

WHEREAS, the Parties have agreed that the November 27, 2012 further case
management conference should be continued to a later date;
NOW THEREFORE, the Parties, by and through their respective counsel of record,
hereby stipulate, subject to Court approval, as follows:
1.

The further case management conference currently scheduled for November 27,

2012 at 10:00 a.m. is continued until after the trial in the Texas Action;
2.

Should trial of the Texas Action take place on January 14, 2013, the Parties will

MOUNTAIN VIEW

that case and its impact on this case, and proposing a time for a further case management

12
ATTORNEYS AT LAW

file a joint report within a week of the conclusion of trial informing the Court of the outcome of

11
F ENWICK & W EST LLP

10

conference;

13

3.

Alternatively, should trial of the Texas Action be rescheduled to a later date, the

14

Parties will file a joint report informing this Court of the new trial date and its impact on the

15

scheduling of this case, and proposing a time for a further case management conference.

16

IT IS SO STIPULATED.

17
18
19
20
21
22
23
24
25
26
27
28
STIP. AND [PROPOSED] ORDER TO
CONTINUE CASE MGMT. CONF.

3

Case No. 3:11-CV-6184-EDL

1

Dated: November 2, 2012

FENWICK & WEST LLP

2
By: /s/ Rodger R. Cole
Rodger R. Cole

3
4

FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
Tel:
[phone]
Fax:
[phone]

5
6
7

Attorneys for Plaintiff
eSILICON CORPORATION

8
9
10

Dated: November 2, 2012

BUNSOW, DE MORY, SMITH & ALLISON
LLP

11

MOUNTAIN VIEW

ATTORNEYS AT LAW

F ENWICK & W EST LLP

12

By: /s/ Denise M. De Mory
Denise M. De Mory

13

BUNSOW, DE MORY, SMITH & ALLISON
LLP
55 Francisco Street, 6th Floor
San Francisco, CA 94133
Telephone: [phone]
Facsimile: [phone]

14
15
16
17

Attorneys for Defendant
SILICON SPACE TECHNOLOGY
CORPORATION

18
19
20

ATTESTATION PURSUANT TO GENERAL ORDER 45

21

I, Denise M. De Mory, am the ECF User whose identification and password are being

22

used to file this STIPULATION AND [PROPOSED] ORDER TO CONTINUE

23

NOVEMBER 27, 2012 FURTHER CASE MANAGEMENT CONFERENCE. In compliance

24

with General Order 45.X.B, I hereby attest that Denise De Mory has concurred in this filing.

25
26

Dated:

November 2, 2012

/s/ Denise M. De Mory
Denise M. De Mory

27
28
STIP. AND [PROPOSED] ORDER TO
CONTINUE CASE MGMT. CONF.

4

Case No. 3:11-CV-6184-EDL

[PROPOSED] ORDER AS MODIFIED

1
2

Pursuant to the foregoing stipulation, it is hereby ordered that:

3

1.

4
5

The Case Management Conference presently scheduled for November 27, 2012 is

continued. to February 12, 2013, at 10:00 a.m.
4.

Should trial of the related matter in the District Court of Travis County, Texas,

6

126th Judicial District, Silicon Space Technology Corp. v. eSilicon Corp., Case No. D-1-GN-11-

7

001750 (the “Texas Action”) take place on January 14, 2013, the parties shall file a joint report

8

within a week of the conclusion of the trial informing the Court of the outcome of that case and

9

its impact on this case, and proposing a time for a further case management conference.

10

2.

Alternatively, should the trial of the Texas Action be rescheduled to a later date,

S

13
14

abeth D
dge Eliz

Ju

ER

20

A

H

19

FO

RT

18

e

. Laport

NO

17

LI

November 5, 2012
Dated: __________________________

R NIA

ERED
O ORD D
IT IS S
____________________________________
DIFIE
AS MO
Honorable Elizabeth D. Laporte

15
16

S DISTRICT
TE
C
TA

UNIT
ED

MOUNTAIN VIEW

scheduling of this case, and proposing a time for a further case management conference.

RT
U
O

ATTORNEYS AT LAW

the parties shall file a joint report informing this Court of the new trial date and its impact on the

12
F ENWICK & W EST LLP

11

N

F
D IS T IC T O
R

C

21
22
23
24
25
26
27
28
STIP. AND [PROPOSED] ORDER TO
CONTINUE CASE MGMT. CONF.

5

Case No. 3:11-CV-6184-EDL