Smart Memory Solutions LLC v. Panasonic Corporation of North America et al

Filing 92

STIPULATION AND ORDER re 91 Continue Case Management Conference filed by Smart Memory Solutions, LLC Case Management Statement due by 8/17/2012. Case Management Conference set for 8/24/2012 09:01 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 7/12/12. (bpf, COURT STAFF) (Filed on 7/12/2012)

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Christopher D. Banys (State Bar No. 230038)
Daniel M. Shafer
(State Bar No. 244839)
[e-mail]
[e-mail]
THE LANIER LAW FIRM, P.C.
2200 Geng Road, Suite 200
Palo Alto, California 94303
Telephone: [phone]
Facsimile: [phone]
Edward C. Flynn (PRO HAC VICE)
Mark A. Grace (PRO HAC VICE)
Thomas C. Wettach (PA State Bar No. 1414)
[e-mail]
[e-mail]
[e-mail]
COHEN & GRACE, LLC
105 Braunlich Dr., Suite 300
Pittsburgh, PA 15237
Telephone: [phone]
Attorneys for Plaintiff,
SMART MEMORY SOLUTIONS, LLC

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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SMART MEMORY SOLUTIONS, LLC
Plaintiff,

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Case No. 3:12-cv-00853-EMC

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v.

JOINT STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE ; ORDER

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PANASONIC CORPORATION OF
NORTH AMERICA, ET AL.

DEMAND FOR JURY TRIAL

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Defendants.
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Pursuant to Rule 6(b)(1) of the Federal Rules of Civil Procedure and Civil L.R. 6-2, the

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parties hereto stipulate to this joint request for a continuance of the Initial Case Management

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Conference. The Initial CMC is currently set for July 20, 2012 (with the deadline for filing a

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JOINT STIPULATION TO CONTINUE CMC
CASE NO: 3:12-cv-00853-EMC

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Case Management Report set for July 13, 2012). The parties request that the Initial CMC be

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continued to August 24, 2012, or such date thereafter as may be convenient for the Court.

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In support of this stipulated request, the parties state as follows:

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1. On June 26, 2012, the Court acted sua sponte (see Dkt. No. 87) to relate this case to

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two other cases pending in this District: (a) Smart Memory Solutions, LLC v.

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Freescale Semiconductor, et al., Case No. 3:12-cv-01316-EMC (see Dkt. No. 93 in

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that case); and (b) Smart Memory Solutions, LLC v. Toshiba America Electronic

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Components, Inc., Case No. 3:12-cv-01549-EMC (see Dkt. No. 82 in that case). All

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three cases are now assigned to Judge Chen, and all are now set for an Initial CMC on

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July 20, 2012.
2. The above-mentioned Freescale and Toshiba cases were, until reassignment, both set
for Initial CMC on a later date.

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3. Counsel for all three cases have conferred regarding the new unified CMC date on

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July 20, 2012. The parties believe that it will be beneficial if they are permitted

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additional time to coordinate amongst themselves, with respect to any common issues,

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now that the three cases are deemed related. Likewise, particularly with respect to the

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Freescale and Toshiba cases, which were both previously set for a later CMC date,

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the parties believe that these proceedings will benefit if the parties are permitted

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additional time to meet and confer thoroughly with respect their Joint Case

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Management Conference statements, Rule 26(f) requirements, and ADR

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requirements. (Declaration of Daniel M. Shafer, filed herewith.)

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4. After the currently-scheduled CMC date, the first upcoming date that is available for

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both the Court and for counsel for the parties in all three cases is August 24, 2012.

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5. There has been one previous stipulated modification of the Initial CMC date in this

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case (Dkt. No. 91), prior to Court’s order relating this case to the Freescale and

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Toshiba cases.

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6. The requested modification will have no effect on any other scheduled dates.

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WHEREFORE, the parties request that the Initial Case Management Conference in this
JOINT STIPULATION TO CONTINUE CMC
CASE NO: 3:12-cv-00853-EMC

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case be reset for August 24, 2012; that the related deadlines for filing a joint CMC statement and

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serving Initial Disclosures be adjusted accordingly, to August 17, 2012; and that the related

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deadline for meeting and conferring under Fed. R. Civ. P. 26(f) also be adjusted accordingly, to

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August 3, 2012.

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Agreed to by:
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Dated: July 10, 2012

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/s/ Daniel M. Shafer
Daniel M. Shafer
THE LANIER LAW FIRM, P.C.
Christopher D. Banys SBN: 230038 (CA)
Daniel M. Shafer SBN: 244839 (CA)
The Lanier Law Firm, P.C.
2200 Geng Road, Suite 200
Palo Alto, CA 94303
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Counsel for Plaintiff,
SMART MEMORY SOLUTIONS, LLC

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Dated: July 10, 2012

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/s/ Gabrielle E. Higgins
Gabrielle E. Higgins (CSB #163179)
ROPES & GRAY LLP
1900 University Avenue, 6th Floor
East Palo Alto, California 94303-2284
Tel: [phone]
Fax: [phone]
[e-mail]
Counsel for Defendants,
FUJITSU SEMICONDUCTOR
AMERICA, INC. and FUJITSU
SEMICONDUCTOR LTD

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JOINT STIPULATION TO CONTINUE CMC
CASE NO: 3:12-cv-00853-EMC

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Hon. Edward M. Chen

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UNIT
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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JOINT STIPULATION TO CONTINUE CMC
CASE NO: 3:12-cv-00853-EMC

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