Smart Memory Solutions LLC v. Freescale Semiconductor, Inc

Filing 97

STIPULATION AND ORDER RESETTING CMC. 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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v.

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Case No. 3:12-cv-01316-EMC
JOINT STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE ; ORDER

FREESCALE SEMICONDUCTOR, INC.,

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Defendants.

DEMAND FOR JURY TRIAL

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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-01316-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. 93) 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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Panasonic Corporation of America, et al., Case No. 3:12-cv-00853-EMC (see Dkt.

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No. 87 in that case); and (b) Smart Memory Solutions, LLC v. Toshiba America

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

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case). All three cases are now assigned to Judge Chen, and all are now set for an

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Initial CMC on July 20, 2012.
2. This case and the above-mentioned Toshiba case were, until reassignment, both set
for Initial CMC on a later date.
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 time

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to coordinate amongst themselves, with respect to any common issues, now that the

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

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Freescale case and the Toshiba case, which were both previously set for a later CMC

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date, 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), in order to align what were then two different CMC dates before

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Judge Hamilton for this case and the above-referenced Toshiba case.

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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-01316-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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deadlines for meeting and conferring under Fed. R. Civ. P. 26(f), and for filing an ADR

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Certification and ADR Stipulation (or Notice of Need for ADR Phone Conference) also be

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adjusted accordingly, to August 3, 2012.

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Agreed to by:
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Dated: July 10, 2012

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Counsel for Plaintiff,
SMART MEMORY SOLUTIONS, LLC

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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]

Dated: July 10, 2012

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/s/ David L. Witcoff
David L. Witcoff
(IL Bar No. 6183629)
JONES DAY
77 W. Wacker Dr., Ste. 3500
Chicago, IL 60601-1692
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Counsel for Defendant,
FREESCALE SEMICONDUCTOR, INC.

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JOINT STIPULATION TO CONTINUE CMC
CASE NO: 3:12-cv-01316-EMC

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Hon. Edward M. Chen
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
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JOINT STIPULATION TO CONTINUE CMC
CASE NO: 3:12-cv-01316-EMC

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