Cambridge Silicon Radio Limited v. Jatotech Ventures, L.P. et al

Filing 24

ORDER GRANTING 19 STIPULATION Regarding Time to Answer or Otherwise Move, Page Limits and Briefing Schedule. Signed by Judge Jeffrey S. White on March 7, 2012. (jswlc3, COURT STAFF) (Filed on 3/7/2012)

Case3:12-cv-00333-JSW Document19 Filed03/02/12 Page1 of 4

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ALDO A. BADINI (SBN 257086)
[e-mail]
BRIAN A.E. SMITH (SBN 188147)
[e-mail]
DIANA HUGHES (SBN 267606)
[e-mail]
Dewey & LeBoeuf LLP
One Montgomery Street, Suite 3500
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendants
JATOTECH VENTURES, L.P., BANDSPEED, INC.,
WILLIAM L. EVERSOLE,WALTER THIRION,
MOLLY PIERONI, JOEL ROLLINS, BEN JONES,
MICHAEL D. FALCON, ERIC J. ROTHFUS and
WILLIAM D. UNGER

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JOHN ANTONI (SBN 163738)
[e-mail]
N.C. DYLAN WILLOUGHBY (SBN 242302)
[e-mail]
Antoni Albus, LLP
11836 W. Pico Boulevard
Los Angeles, CA 90064
Telephone: [phone]
Facsimile: [phone]

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Counsel for Plaintiff
CAMBRIDGE SILICON RADIO LIMITED

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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)
)
)
)
)
v.
)
)
)
JATOTECH VENTURES, L.P., BANDSPEED, )
INC., WILLIAM L. EVERSOLE, WALTER )
THIRION, MOLLY PIERONI, JOEL
)
ROLLINS, BEN JONES, MICHAEL D.
)
FALCON, ERIC J. ROTHFUS, WILLIAM D. )
UNGER, and DOES 1-100,
)
)
Defendants.
)
)
CAMBRIDGE SILICON RADIO LIMITED,
Plaintiff,

No. CV 12-0333-DMR JSW

JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING
TIME TO ANSWER OR OTHERWISE
MOVE, PAGE LIMITS AND BRIEFING
SCHEDULE

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JOINT STIPULATION AND [PROPOSED] ORDER
REGARDING TIME TO ANSWER OR OTHERWISE MOVE,
PAGE LIMITS AND BRIEFING SCHEDULE

Case No. 12-0333-DMR

Case3:12-cv-00333-JSW Document19 Filed03/02/12 Page2 of 4

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WHEREAS Plaintiff filed its Complaint on January 20, 2012;
WHEREAS Defendants JatoTech Ventures, L.P., Bandspeed Inc., William L.
Eversole, Walter Thirion, Molly Pieroni, Joel Rollins, Ben Jones, Michael D. Falcon, Eric J.
Rothfus, and William D. Unger (the “Defendants”), were served with the Complaint during the
February 3, 2012 to February 12, 2012 time period;
WHEREAS each Defendant believes it has valid grounds to move to dismiss or
seek other appropriate relief with respect to the Complaint;
WHEREAS counsel for the Defendants and counsel for Plaintiff Cambridge
Silicon Radio Limited (“Plaintiff”) have conferred and agree that it would be most efficient for
the Court and the parties to have one consolidated set of briefing papers covering each of the
Defendants, rather than filing multiple briefs on multiple schedules;
WHEREAS specifically counsel for the Defendants and the Plaintiff propose that,
should a motion be filed, the procedure should be for (i) Defendants to submit a single joint
motion to dismiss the Complaint and/or to seek other appropriate relief and a consolidated
memorandum of points and authorities in support of their joint motion, rather than individual
motions and memoranda; (ii) Plaintiff to submit a single opposition to Defendants’ joint
motion; and (iii) Defendants to submit a single consolidated reply to Plaintiff’s opposition;
WHEREAS counsel for the parties have conferred regarding the briefing schedule
for the Defendants’ joint motion to dismiss the Complaint and have agreed to the schedule set
forth below, and respectfully request that the Court approve the schedule;
WHEREAS, pursuant to the Civil Local Rules of the Northern District of
California, each Defendant would be permitted to submit a 25 page brief in support of an
individual motion to dismiss, for a total of 250 pages, and Plaintiff would be permitted 25 pages
in opposition to each individual motion, for a total of 250 pages;
WHEREAS counsel for the parties agree that while this aggregate number of
pages is unnecessary for this briefing, the number of the issues presented in the Complaint

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JOINT STIPULATION AND [PROPOSED] ORDER
REGARDING TIME TO ANSWER OR OTHERWISE MOVE,
PAGE LIMITS AND BRIEFING SCHEDULE

Case No. 12-0333-DMR

Case3:12-cv-00333-JSW Document19 Filed03/02/12 Page3 of 4

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warrant forty (40) pages of briefing for Defendants in support of their joint motion and forty
(40) pages of briefing for Plaintiff in opposition. The parties further agree that the page limit
for Defendants’ reply should be twenty (20) pages;
IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE
PARTIES HERETO, through their respective counsel, that:
(1)

Defendants each waive any challenges to the sufficiency of process or

service of process under Federal Rules of Civil Procedure Rule 12(b)(4) and Rule 12(b)(5);
(2)

Defendants shall answer or otherwise respond to the Complaint on or

before March 28, 2012;
(3)

If Defendants elect to move, they shall file their consolidated

memorandum of points and authorities in support of their joint motion on or before March 28,
2012, which shall not exceed forty (40) pages of text;
(4)

Plaintiff shall file its opposition to Defendants’ joint motion on or before

April 30, 2012 and shall not exceed forty (40) pages of text; and
(5)

Defendants shall file their reply in support of their joint motion on or

before May 18, 2012 and shall not exceed twenty (20) pages of text.

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Dated: March 2, 2012

Respectfully submitted,

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DEWEY & LEBOEUF LLP
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By: s/Aldo A. Badini

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Aldo A. Badini (SBN 257086)
Brian A.E. Smith (SBN 188147)
Diana Hughes (SBN 267606)
Dewey & LeBoeuf LLP
One Montgomery Street, Suite 3500
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Counsel for Defendants
JatoTech Ventures, L.P., Bandspeed, Inc.,
William L. Eversole, Walter Thirion, Molly

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JOINT STIPULATION AND [PROPOSED] ORDER
REGARDING TIME TO ANSWER OR OTHERWISE MOVE,
PAGE LIMITS AND BRIEFING SCHEDULE

Case No. 12-0333-DMR

Case3:12-cv-00333-JSW Document19 Filed03/02/12 Page4 of 4

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Pieroni, Joel Rollins, Ben Jones, Michael D.
Falcon, Eric J. Rothfus and William D. Unger

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Pursuant to General Order No. 45 § X.B., the filer attests that concurrence
in the filing of this document has been obtained from the above signatory.

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ANTONI ALBUS, LLP
By: s/John Antoni_______________
John Antoni (SBN 163738)
N.C. Dylan Willoughby (SBN 242302)
Antoni Albus, LLP
11836 W. Pico Boulevard
Los Angeles, CA 90064
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Counsel for Plaintiff
Cambridge Silicon Radio Limited

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Pursuant to General Order No. 45 § X.B., the filer attests that concurrence
in the filing of this document has been obtained from the above signatory.

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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March 7
Dated: _______________, 2012

________________________
Hon. __________________
Jeffrey S. White
United States District Court

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JOINT STIPULATION AND [PROPOSED] ORDER
REGARDING TIME TO ANSWER OR OTHERWISE MOVE,
PAGE LIMITS AND BRIEFING SCHEDULE

Case No. 12-0333-DMR