Copytele, Inc v. E Ink Holdings, Inc et al

Filing 35

STIPULATION AND ORDER re 34 CONTINUING THE MAY 9 CASE MANAGEMENT CONFERENCE TO JUNE 6, 2013 filed by E Ink Corporation, E Ink Holdings, Inc Case Management Statement due by 5/30/2013. Case Management Conference set for 6/6/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 4/22/13. (bpf, COURT STAFF) (Filed on 4/22/2013)

1 Beatrice B. Nguyen (CSB No. 172961, bbnguyencÐcrowel1.com)

CROWELL & MORIG LLP
2 275 Battery Street, 23rd Floor

San Francisco, CA 94111
3 Telephone: [phone]

Facsimile: 415.986.2827
4
Michael N. Rader (Pro Hac Vice, mradercÐwolfgreenfield.com)
5 John L. Strand (Pro Hac Vice, jstrandcÐwolfgreenfield.com)

Gerald Hrycyszyn (CSB No. 227814, ghrycyszyncÐwolfgreenfield.com)
6 Eric G. 1. Kaviar (Pro Hac Vice, ekaviarcÐwolfgreenfield.com)

WOLF, GREENFIELD & SACKS, P.C.
7 600 Atlantic Avenue

Boston, MA 02210-2206
8 Telephone: [phone]

Facsimile: 617.646.8646
9

Attorneys for Defendants
10 E INK HOLDINGS, INC. and E INK CORPORATION
11

UNITED STATES DISTRICT COURT
12

NORTHERN DISTRICT OF CALIFORNIA
13

SAN FRANCISCO DIVISION
14
15

COPYTELE, INC., a Delaware

16 Corporation,
Plaintiff,

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18

Case No. 3:

13-cv-00378-EMC

STIPULATION AND (PROPOSED)
ORDER CONTINUING THE MAY 9 CASE

MANAGEMENT CONFERENCE TO
JUNE 6, 2013

v.

19 E INK HOLDINGS, Inc., a Taiwanese
corporation; and E INK CORPORATION,
20 a Delaware corporation,

(Civil L. R. 6-2(a)J

Defendants.

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CROWELL

STIPULATION AND (PROPOSED) ORDER
CONTINUING CMC TO JUNE 6, 2013;
CASE NO.3: 13.cv.00378-EMC

& MORING LLP
ATTORNEYS AT LAW

DCACTIVE.22524945.1

1 WHEREAS, on January 28, 2013, PlaintiffCopyTele, Inc. ("CopyTele") filed the above2 captioned action against Defendants E Ink Holdings, Inc. ("EIH") and E Ink Corporation ("EIC"

3 and collectively, "E Ink");
4 WHEREAS, EIC's response to the Complaint was due on February 22,2013;
5 WHEREAS, on Februar 15,2013, CopyTele and EIC agreed and stipulated to an interim
6 extension until March 8, 2013, for EIC to answer or otherwise respond to the Complaint while the

7 paries finished negotiations on a final extension (DIc. No. 12);

8 WHEREAS, on March 6, 2013, CopyTele and E Ink agreed and stipulated that E Ink wil
9 have until Apri129, 2013, to answer or otherwise respond to the Complaint (Dkt. No. 25);

10 WHEREAS, on February 19,2013, the Cour issued a Case Management Scheduling
11 Order, which set the Case Management Conference for May 2, 2013 (Dkt. No. 10);

12 WHEREAS, on March 28,2013, the Cour reset the Case Management Conference to

13 May 9, 2013 (Dkt No. 26);

14 WHEREAS, E Ink intends to fie a motion to dismiss the Complaint on or before April 29,
15 2013, with a noticed hearing date of June 6, 2013;

16 WHEREAS, briefing on E Ink's motion to dismiss wil not yet be complete on May 9,
17 2013, when the Case Management Conference is currently scheduled;
18 WHEREAS, continuing the Case Management Conference until June 6, 2013, the
19 anticipated hearing date on E Ink's motion to dismiss, would promote judicial economy and

20 effciency and facilitate productive case management; and

21 WHEREAS, with the Case Management Conference continued to June 6, 2013, the Case
22 Management Conference Statement would be due on or before May 30, 2013, pursuant to Civil

23 General Standing Order No.6, and no other case deadline would be affected;

24 IT is HEREBY STIPULATED AND AGREED that:
25

1.

The Case Management Conference scheduled for May 9, 2013, wil be continued

26 to June 6, 2013, at 1:30 p.m., the date and time that E Ink's motion to dismiss wil be noticed to

27 be heard by the Court.
28

2.

Pursuant to Civil General Standing Order No.6, the Case Management Conference
STIPULATION AND (pROPOSED) ORDER
CONTINING CMC TO JUNE 6, 2013;
CASE NO.3: 13.cy.00378-EMC

CROWELL

& MORING LLP
ATTORNEYS AT LAW

DCACTIVE. 22524945. I

1 Statement wil be due on or before May 30, 2013.

CROWELL & MORIG LLP

2 Dated: April 19,2013

/s/ Beatrice B. Nguyen

3

4

Beatrice B. Nguyen

5

Attorneys for Defendants
E INK HOLDINGS, INC. and E INK
CORPORATION

6
7
8 Dated: April 19, 2013

WOLF, GREENFIELD & SACKS, P.C.

9

/s/ Michael N Rader

10

Michael N. Rader
John L. Strand
Gerald Hrycyszyn
Eric G. 1. Kaviar
Attorneys for Defendants
E INK HOLDINGS, INC. and E INK
CORPORATION

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12
13

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15 Dated: April 19,2013

RASER, HEIMANN
& BERNSTEIN, LLP

LIEFF, CAB

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/s/ David T Rudolph
17
Eric B. Fastiff

David T. Rudolph
Melissa Gardiner
Attorneys for Plaintiff COPYTELE, INC.

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21

22 ATTESTATION
23 Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, I attest that concurrence in the
24 fiing of this document has been obtained from the other signatories.

25 DATED: April 19,2013

/s/ Beatrice B. Nguyen

Beatrice B. Nguyen
26

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CROWELL

& MORING LLP

-2-

ATTORNEYS AT LAW

DCACTIYE-22524945.I

STIPULATION AND (PROPOSED) ORDER
CONTINUING CMC TO JUNE 6, 2013;
CASE NO. 3:13.CY-00378.EMC

1 (PROPOSED) ORDER
2 PURSUANT TO STIPULATION, IT IS SO ORDERED. For good cause shown, the
3 Case Management Conference scheduled for May 9, 2013, is hereby continued to June 6, 2013, at
4 1 :30 p.m. The parties shall fie the joint Case Management Conference Statement on or before

,2013

UNIT
ED

4/22

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6 Dated:

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5 May 30,2013.

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Judge E

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Hon. Edward M. Chen
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United States District Judge D
ORDER

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CROWELL

& MORING LLP

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ATTORNEYS AT LAW

DCACTIVE-22524945.1

STIPULATION AND (PROPOSED) ORDER
CONTINUING CMC TO JUNE 6, 2013;
CASE NO. 3:13.CY-00378-EMC