Glassey et al v. Symmetricom, Inc.

Filing 16

ORDER STIPULATION TO CONTINUE AS MODIFIED 15 . Initial Case Management Conference set for 2/12/2014 10:00 AM in Courtroom A, 15th Floor, San Francisco. The parties are reminded that a signed consent to the jurisdiction of the Magistrate Judge must be filed by all parties before Magistrate Judge Cousins can consider the merits of the case or any substantive motion filed by any party. See Civ. L.R. 73-1. Signed by Judge Nathanael Cousins on 12/16/13. (lmh, COURT STAFF) (Filed on 12/16/2013)

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LATHAM & WATKINS LLP
Matthew Rawlinson, Bar No. 231890
[e-mail]
Ming M. Zhu, Bar No. 291364
[e-mail]
140 Scott Drive
Menlo Park, California 94025-1008
Telephone: [phone]
Facsimile: +1.650.436.2600
Attorneys for Defendant
SYMMETRICOM, INC.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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TODD S. GLASSEY

CASE NO. 3:13-cv-04662 (NC)

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and

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MICHAEL E. MCNEIL,

STIPULATION AND [PROPOSED] ORDER
TO CONTINUE CASE MANAGEMENT
CONFERENCE AS MODIFIED.

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Plaintiffs,
v.

Judge: The Honorable Nathanael Cousins
Date: January 8, 2014
Time: 10:00 AM
Dept: Courtroom A, 15th Floor

SYMMETRICOM, INC.,
Defendant.

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ATTORNEYS AT LAW
SILICON VA LLE Y

WHEREAS, on October 7, 2013, Todd S. Glassey and Michael E. McNeil
(“Plaintiffs”) filed the above-captioned complaint in this Court;
WHEREAS, on October 8, 2013, the Court issued an Order Setting Initial Case
Management Conference and ADR Deadlines setting the initial case management conference for
January 8, 2014 at 10:00 AM (Dkt. No. 5);
WHEREAS, on October 31, 2013, Symmetricom, Inc. (“Symmetricom”), agreed
to waive service of summons and complaint in this case, and acknowledged that its answer or
motion under Rule 12 must be filed within 60 days from October 31, 2013;
Case No.: 3:13-cv-04662 (NC)
STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT CONFERENCE

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WHEREAS, Symmetricom intends to file a motion to dismiss all claims against it
on or before December 30, 2013;
WHEREAS, the interests of judicial economy and efficiency would best be served

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by postponing the case management conference until after the Court rules upon Symmetricom’s

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forthcoming motion to dismiss;

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IT IS THEREFORE STIPULATED AND AGREED, by and among the parties
and their respective counsel of record, that:

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The case management conference in this matter currently scheduled for
to February 12, 2014 at 10:00 a.m.
January 8, 2014 be continued until after the Court has ruled upon

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Symmetricom’s forthcoming motion to dismiss.

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1.

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All other deadlines set forth in the Court’s Order Setting Initial Case
Management Conference and ADR Deadlines be continued accordingly.

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Dated: December 13, 2013

Respectfully submitted,

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LATHAM & WATKINS, LLP

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By:

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/s/ Matthew Rawlinson

Matthew Rawlinson, Bar No. 231890
Ming M. Zhu, Bar. No. 291364
140 Scott Dr.
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: +1.650.436.2600

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Attorneys for Defendant
SYMMETRICOM, INC.

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ATTORNEYS AT LAW
SILICON VA LLE Y

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Case No.: 3:13-cv-04662 (NC)
STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT CONFERENCE

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Dated: December 13, 2013

ROSS BABBITT CO LPA

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By:

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/s/ Ross Babbitt

Ross Babbitt (pro hac vice)
700 West St. Clair Avenue
Hoyt Block, Suite 200
Cleveland, OH 44113
Telephone: [phone]
Facsimile: [phone]

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MAHANY & ERTL
Brian Howard Mahany (pro hac vice)
P.O. Box 511328
Milwaukee, WI 53202

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STEBURG LAW FIRM
Anita L. Steburg, Bar No. 245933
1798 Technology Drive, Suite 258
San Jose, CA 95110

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Attorneys for Plaintiffs TODD S. GLASSEY
and MICHAEL E. MCNEIL.

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[PROPOSED] ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

S

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UNIT
ED

Magistrate Judge

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D
RDERE
S SO O IED
IT I
DIF
AS MO

NO

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RT

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thanael M
Judge Na

ER

H

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RT
U
O

S DISTRICT
TE
C
TA
The Honorable Nathanael Cousins

, 2013

. Cousins

R NIA

December 16

FO

Dated:

LI

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F
D IS T IC T O
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ATTORNEYS AT LAW
SILICON VA LLE Y

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Case No.: 3:13-cv-04662 (NC)
STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT CONFERENCE

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ELECTRONIC CASE FILING ATTESTATION
Pursuant to Local Rule 5-1 of the Northern District of California, I hereby attest that
concurrence in the filing of this document has been obtained from the other signatories.

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Dated: December 13, 2013

LATHAM & WATKINS, LLP

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By:

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/s/ Matthew Rawlinson

Matthew Rawlinson
Attorney for Defendant
SYMMETRICOM, INC.

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ATTORNEYS AT LAW
SILICON VA LLE Y

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Case No.: 3:13-cv-04662 (NC)
STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT CONFERENCE