EMC Corporation v. Bright Response, LLC

Filing 67

STIPULATION AND ORDER RESETTING CMC to 2/14/13 at 9:00 a.m. Case Management Statement due by 2/7/2013. Case Management Conference set for 2/14/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 12/12/12. (bpf, COURT STAFF) (Filed on 12/12/2012)

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1 BLACK CHANG & HAMILL LLP Bradford J. Black (SBN 252031) 2 bblack@bchllp.com Peter H. Chang (SBN 241467) 3 pchang@bchllp.com Andrew G. Hamill (SBN 251156) 4 ahamill@bchllp.com 4 Embarcadero Center, Suite 1400 5 San Francisco, California 94111 Telephone: 415-813-6210 6 Facsimile: 415-813-6222 7 Attorneys for Defendant Bright Response, LLC 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 14 EMC CORPORATION, 15 Plaintiff, 16 v. 17 18 BRIGHT RESPONSE, LLC, Defendant. 19 Case No. 3:12-cv-02841-EMC STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE JANUARY 3, 2013 CASE MANAGEMENT CONFERENCE AND RELATED DEADLINE [L.R. 6-1, 6-2, 7-12] 20 21 22 23 24 25 26 27 28 STIPULATED REQUEST 3:12-cv-02841-EMC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, on September 17, 2012, this Court stayed this action pending resolution of the motion to transfer venue filed by EMC Corporation in the action captioned Bright Response, LLC v. EMC Corporation, 2:12-cv-279-JRG, currently pending in the Eastern District of Texas ("the Texas Action"). In its September 17, 2012 Order, this Court ordered the parties to inform this Court of the Texas court’s ruling within 14 days of its decision. WHEREAS, on September 17, 2012, this Court scheduled a Case Management Conference for January 4, 2013, with a Case Management Conference Statement due on December 28, 2012. WHEREAS, on November 30, 2012, this Court rescheduled the Case Management Conference for January 3, 2013, and the deadline for the Case Management Conference Statement for December 20, 2012. WHEREAS, the motion to transfer venue in the Texas Action has not yet been decided. WHEREAS, the parties to this action have agreed, subject to the Court's approval, that the January 3, 2013 Case Management Conference, and related December 20, 2012 deadline for submitting a Case Management Conference Statement, should be continued to avoid the unnecessary expenditure of judicial resources or effort by the parties to this action and the Court prior to the ruling of the motion to transfer venue in the Texas Action. NOW, THEREFORE, the undersigned parties, by and through their counsel of record, respectfully stipulate as follows: 1. The Case Management Conference, currently scheduled for January 3, 2013, shall be adjourned to a convenient date for the Court at least one month from the current date. 2. The current due date of December 20, 2012 for filing a Case Management Statement shall be vacated. 27 28 STIPULATED REQUEST 1 3:12-cv-02841-EMC 1 2 3 3. A new due date for filing a Case Management Statement shall be set according to the date set by the Court for the Case Management Conference. 4 5 Respectfully submitted, 6 7 DATED: December 7, 2012 BLACK CHANG & HAMILL LLP By: /s/ Andrew G. Hamill Andrew G. Hamill 8 9 Attorneys for Defendant Bright Response, LLC 10 11 DATED: December 7, 2012 QUINN EMANUEL URQUHART & SULLIVAN, LLP 12 13 By: /s/ Andrew M. Holmes Andrew M. Holmes 14 Attorneys for Plaintiff EMC Corporation 15 16 17 ATTESTATION I, Andrew G. Hamill, hereby attest that concurrence in the filing of this document has 18 been obtained from Andrew M. Holmes, counsel for EMC Corporation. I declare under 19 penalty of perjury that the foregoing is true and correct. 20 Executed this 7th day of December, 2012 in San Francisco, California. 21 By: /s/ Andrew G. Hamill Andrew G. Hamill 22 23 PURSUANT TO STIPULATION, IT IS SO ORDERED: The CMC is reset for 2/14/13 at 9:00 a.m. S DISTRICT A joint CMC TE 12/12/12 C 25 DATED: __________________ TA _____________________________________ Statement is due 2/7/13. 26 Honorable Edward M. Chen ED RT H E R NIA FO hen rd M. C e Edwa2 Judg NO STIPULATED REQUEST LI 28 RDER S SO O IED IT I DIF AS MO A UNIT ED 27 RT U O S 24 3:12-cv-02841-EMC

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