Smart Memory Solutions LLC v. Toshiba America Electronic Components, Inc.

Filing 107

STIPULATION AND ORDER re 106 to Continue Case Management Conference filed by Smart Memory Solutions, LLC Case Management Statement due by 3/21/2013. Further Case Management Conference set for 3/28/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 2/20/13. (bpf, COURT STAFF) (Filed on 2/20/2013)

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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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TOSHIBA AMERICA ELECTRONIC
COMPONENTS, INC.,

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Case No. 3:12-cv-01549-EMC
STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE
ORDER
DEMAND FOR JURY TRIAL

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 Case Management

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Conference currently set for February 28, 2013 (with the deadline for filing a Case Management

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STIPULATION TO CONTINUE CMC
CASE NO: 3:12-cv-01549-EMC

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Report set for February 21, 2013). The parties request that the CMC be continued one month, to

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March 28, 2013, 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 January 4, 2013, Plaintiff Smart Memory Solutions, LLC, and Defendant Toshiba

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America Electronic Components, Inc. (collectively, the “Parties”) reached an

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agreement in principle to settle all claims in this action. (See Dkt. No. 103.)

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2. On January 9, 2013, pending finalization of the settlement agreement and expected

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subsequent dismissal, the Court ordered a stay of all deadlines and scheduled events

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in the case, except that a Further CMC was set for February 28, 2013, to be vacated

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once a stipulation for dismissal was filed. (See Dkt. No. 105.)
3. The Parties have made substantial progress toward finalizing the settlement, but

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would request additional time to complete the process before a Further CMC is held.

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4. As there is a general stay in place, the requested one-month continuance will have no

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effect on any other scheduled dates.
WHEREFORE, the Parties respectfully request that the Further Case Management

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Conference currently set for February 28, 2013, be reset for March 28, 2013, with a joint CMC

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statement to be filed by March 21, 2013.

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Agreed to by:

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Dated: February 19, 2013

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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]

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STIPULATION TO CONTINUE CMC
CASE NO: 3:12-cv-01549-EMC

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Counsel for Plaintiff,
SMART MEMORY SOLUTIONS, LLC

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Dated: February 19, 2013

/s/
Mark Fowler
Mark Fowler
DLA Piper US LLP
2000 University Avenue
East Palo Alto, CA 94303
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Counsel for Defendant,
TOSHIBA AMERICA ELECTRONIC
COMPONENTS, INC.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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_________________________________
Hon. Edward M. Chen
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STIPULATION TO CONTINUE CMC
CASE NO: 3:12-cv-01549-EMC

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CERTIFICATION PURSUANT TO CIVIL L.R. 5-1(i)
RE E-FILING ON BEHALF OF MULTIPLE SIGNATORIES

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1.

I am an attorney licensed to practice law in the state of California. I am employed

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by the Lanier Law Firm, P.C., counsel for Plaintiff SMART MEMORY SOLUTIONS, LLC. The

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statements herein are made on my personal knowledge, and if called as a witness I could and

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would testify thereto.

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2.

The above e-filed document contains multiple signatures. Pursuant to Civil L.R.

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5-1(i), I declare that concurrence has been obtained from each of the other signatories to file this
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jointly prepared document with the Court.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.

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/s/ Daniel M. Shafer

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STIPULATION TO CONTINUE CMC
CASE NO: 3:12-cv-01549-EMC

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