Fuzzysharp Technologies Incorporated v. Nvidia Corporation

Filing 46

STIPULATION AND ORDER re 45 STIPULATION WITH PROPOSED ORDER TO RESCHEDULE INITIAL CASE MANAGEMENT CONFERENCE filed by Nvidia Corporation. Case Management Statement due by 12/4/2013. Initial Case Management Conference set for 12/18/2013 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on September 30, 2013. (wsn, COURT STAFF) (Filed on 9/30/2013)

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1 2 3 4 5 6 7 8 I. NEEL CHATTERJEE (STATE BAR NO. 173985) nchatterjee@orrick.com JESSE CHENG (STATE BAR NO. 259909) jcheng@orrick.com JAMES FREEDMAN (STATE BAR NO. 287177) jfreedman@orrick.com DAVID FINK (pro hac vice) 7519 Apache Plume Houston, TX 77071 Tel.: (713) 729-4991 Fax.: (713) 729-4951 texascowboy6@gmail.com ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, California 94025 Telephone: +1-650-614-7400 Facsimile: +1-650-614-7401 DUNCAN M. MCNEILL 1514 Van Dyke Avenue San Francisco, CA 94124 Tel.: (650) 994-2295 Fax: (650) 994-2297 dmcneill1@netzero.com Fed. Bar No. 136416 Attorneys for Defendant NVIDIA CORPORATION Attorneys for the Plaintiff FuzzySharp Technologies Inc. 9 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 15 FUZZYSHARP TECHNOLOGIES, INC, 16 17 18 19 Plaintiff, v. Case No. 12-cv-6375-JST STIPULATED REQUEST AND [PROPOSED] ORDER TO RESCHEDULE INITIAL CASE MANAGEMENT CONFERENCE NVIDIA CORPORATION, Defendant. 20 21 Pursuant to Civil Local Rule 6-2, Plaintiff FuzzySharp Technologies Incorporated 22 (“Fuzzysharp”) and Defendant NVIDIA Corporation (“NVIDIA”) respectfully submit this 23 Stipulated Request to reschedule the initial Case Management Conference set for October 23, 24 2013 to December 18, 2013. Certain deadlines that trigger off of this initial Case Management 25 Conference as set forth in the Civil and Patent Local Rules and Federal Rules of Civil Procedure 26 will be continued accordingly. No other deadlines should be affected. 27 28 ORRICK, HERRINGTON & SUTCLIFFE LLP ATTORNEYS AT LAW SILICON VALLEY STIPULATED REQUEST AND [PROPOSED] ORDER TO RESCHEDULE INITIAL CASE MANAGEMENT CONFERENCE 12-CV-6375-JST 1 The initial Case Management Conference was originally scheduled for March 22, 2013 2 (Dkt. Nos. 3 and 10), vacated by the Court’s Reassignment Order (Dkt. No. 13), and reset for 3 March 26, 2013 (Dkt. No. 20). The Court has since rescheduled the Case Management 4 Conference for May 15, 2013, in response to the parties’ first stipulated request, and subsequently 5 for June 26, 2013, in response to an unopposed motion by Fuzzysharp (Dkt. Nos. 23, 27). 6 On June 5, 2013, the Court continued the Case Management Conference until August 14, 2013 7 (Dkt. No. 34). On July 30, the Court granted the parties’ stipulated request to reschedule the 8 Case Management Conference until after resolution of NVIDIA’s Motion to Dismiss 9 Fuzzysharp’s Amended Complaint, and rescheduled the Conference to October 23, 2013 10 (Dkt. Nos. 39-40). 11 Pursuant to Civil Local Rules 16-3 and 16-10, lead counsel must attend the initial Case 12 Management Conference and the Rule 26(f) meet and confer 21 days before the conference. 13 Defendant’s lead counsel, Mr. Chatterjee, is unavailable for the October 23, 2013 conference due 14 to a conflicting trial, which is set to take place in Delaware from October 21, 2013 through early 15 November. Mr. Chatterjee would also not be able to attend the meet and confer, as required, for a 16 November initial Case Management Conference. In light of the requirements of Local Rule 16, 17 the parties respectfully request that the initial Case Management Conference be rescheduled to 18 December 18, 2013, subject to the convenience of the Court. 19 20 Dated: September 30, 2013 21 Orrick Herrington & Sutcliffe, LLP 22 By: 23 24 /s/ James Freedman James Freedman Attorneys for Defendant NVIDIA Corp. Dated: September 30, 2013 By: /s/ David Fink David Fink Attorney for Plaintiff Fuzzysharp Technologies Inc. 25 26 27 28 ORRICK, HERRINGTON & SUTCLIFFE LLP ATTORNEYS AT LAW SILICON VALLEY -2- STIPULATED REQUEST AND [PROPOSED] ORDER TO RESCHEDULE INITIAL CASE MANAGEMENT CONFERENCE 12-CV-6375-JST 1 Pursuant to Civil Local Rule 5-1(i)(3), counsel for NVIDIA has obtained the concurrence 2 of Fuzzysharp’s counsel in the filing of this Stipulated Request. 3 Dated: September 30, 2013 By: 4 /s/ James Freedman James Freedman Attorneys for Defendant NVIDIA Corp. 5 6 PURSUANT TO STIPULATION, IT IS SO ORDERED: 7 Dated: September 30, 2013 8 Jon S. Tigar United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORRICK, HERRINGTON & SUTCLIFFE LLP ATTORNEYS AT LAW SILICON VALLEY -3- STIPULATED REQUEST AND [PROPOSED] ORDER TO RESCHEDULE INITIAL CASE MANAGEMENT CONFERENCE 12-CV-6375-JST

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