Fuzzysharp Technologies Incorporated v. Nvidia Corporation

Filing 40

STIPULATION AND ORDER re 39 STIPULATION WITH PROPOSED ORDER TO RESCHEDULE INITIAL CASE MANAGEMENT CONFERENCE filed by Nvidia Corporation, Fuzzysharp Technologies Incorporated. Signed by Judge Jon S. Tigar on July 30, 2013. (wsn, COURT STAFF) (Filed on 7/30/2013)

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I. NEEL CHATTERJEE (STATE BAR NO. 173985)
[e-mail]
VICKIE L. FEEMAN (STATE BAR NO. 177487)
[e-mail]
JESSE CHENG (STATE BAR NO. 259909)
[e-mail]
JAMES FREEDMAN (STATE BAR NO. 287177)
[e-mail]

DAVID FINK (pro hac vice)
7519 Apache Plume
Houston, TX 77071
Tel.: [phone]
Fax.: [phone]
[e-mail]

ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, California 94025
Telephone:
[phone]
Facsimile:
[phone]

DUNCAN M. MCNEILL
1514 Van Dyke Avenue
San Francisco, CA 94124
Tel.: [phone]
Fax: [phone]
[e-mail]
Fed. Bar No. 136416

Attorneys for Defendant
NVIDIA CORPORATION

Attorneys for the Plaintiff
FuzzySharp Technologies Inc.

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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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FUZZYSHARP TECHNOLOGIES, INC,
Plaintiff,

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v.

Case No. 12-cv-6375-JST
STIPULATED REQUEST AND
[PROPOSED] ORDER TO
RESCHEDULE INITIAL CASE
MANAGEMENT CONFERENCE

NVIDIA CORPORATION,
Defendant.

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Pursuant to Civil Local Rule 6-2, Plaintiff FuzzySharp Technologies Incorporated

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(“Fuzzysharp”) and Defendant NVIDIA Corporation (“NVIDIA”) respectfully submit this

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Stipulated Request to reschedule the initial Case Management Conference set for August 14,

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2013, pending the Court’s resolution of NVIDIA’s Motion to Dismiss Fuzzysharp’s Amended

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Complaint. Certain deadlines that trigger off of this initial Case Management Conference as set

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forth in the Civil and Patent Local Rules and Federal Rules of Civil Procedure will be continued

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accordingly. No other deadlines should be affected.

ORRICK, HERRINGTON &
SUTCLIFFE LLP
ATTORNEYS AT LAW
SILICON VALLEY

STIP. REQUEST TO RESCHEDULE INITIAL CMC
12-CV-6375-JST

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The initial Case Management Conference was originally scheduled for March 22, 2013

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(Docket Nos. 3 and 10), vacated by the Court’s Reassignment Order (Docket No. 13), and reset

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for March 26, 2013 (Docket No. 20). The Court has since rescheduled the Case Management

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Conference for May 15, 2013, in response to the parties’ first stipulated request, and subsequently

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for June 26, 2013, in response to an unopposed motion by Fuzzysharp. On June 5, 2013, the

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Court continued the Case Management Conference until August 14, 2013.

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Subject to the convenience of the Court, the parties respectfully request that the initial

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Case Management Conference be rescheduled for a date following the resolution of NVIDIA’s

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Motion to Dismiss Fuzzysharp’s Amended Complaint. The parties believe that greater certainty

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as to the scope of this case would allow them to better prepare for a Case Management

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Conference and its related deadlines and submissions, to the extent necessary.

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Counsel for Fuzzysharp is unavailable in September due to Jewish Holidays, as well as
October 2 and 9, 2013. Counsel for NVIDIA is unavailable on October 16.

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Dated: July 29, 2013

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Orrick Herrington & Sutcliffe, LLP

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By:

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/s/ Jesse Cheng
Jesse Cheng

Attorneys for Defendant
NVIDIA Corp.

Dated: July 29, 2013

By:

/s/ David Fink
David Fink

Attorney for Plaintiff
Fuzzysharp Technologies Inc.

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Pursuant to Civil Local Rule 5-1(i)(3), counsel for NVIDIA has obtained the concurrence

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of Fuzzysharp’s counsel in the filing of this Stipulated Request.

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Dated: July 29, 2013

By:

/s/ Jesse Cheng
Jesse Cheng

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Attorneys for Defendant
NVIDIA Corp.

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PURSUANT TO STIPULATION, IT IS SO ORDERED:
Dated: July 30, 2013
Jon S. Tigar
United States District Judge

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ORRICK, HERRINGTON &
SUTCLIFFE LLP
ATTORNEYS AT LAW
SILICON VALLEY

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STIP. REQUEST TO RESCHEDULE INITIAL CMC
12-CV-6375-JST