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)

1 BLACK CHANG & HAMILL LLP
Bradford J. Black (SBN 252031)
2 [e-mail]
Peter H. Chang (SBN 241467)
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Andrew G. Hamill (SBN 251156)
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4 Embarcadero Center, Suite 1400
5 San Francisco, California 94111
Telephone: [phone]
6 Facsimile: 415-813-6222
7 Attorneys for Defendant Bright Response, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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EMC CORPORATION,

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Plaintiff,

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v.

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BRIGHT RESPONSE, LLC,
Defendant.

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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]

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STIPULATED REQUEST

3:12-cv-02841-EMC

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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.

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STIPULATED REQUEST

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3:12-cv-02841-EMC

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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.

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Respectfully submitted,

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DATED: December 7, 2012

BLACK CHANG & HAMILL LLP
By: /s/ Andrew G. Hamill
Andrew G. Hamill

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Attorneys for Defendant Bright Response, LLC

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DATED: December 7, 2012

QUINN EMANUEL URQUHART &
SULLIVAN, LLP

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By: /s/ Andrew M. Holmes
Andrew M. Holmes

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Attorneys for Plaintiff EMC Corporation

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ATTESTATION
I, Andrew G. Hamill, hereby attest that concurrence in the filing of this document has
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19 penalty of perjury that the foregoing is true and correct.
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Executed this 7th day of December, 2012 in San Francisco, California.

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By: /s/ Andrew G. Hamill
Andrew G. Hamill

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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.
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Honorable Edward M. Chen
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3:12-cv-02841-EMC