Monolithic Power Systems, Inc. v. Silergy Corporation et al

Filing 85

STIPULATION AND MODIFIED ORDER re 84 STIPULATION Rescheduling the Hearing on Defendants Motion to Dismiss and the Initial Case Management Conference filed by Bizcom Electronics, Inc., Silergy Technology, Silergy Corporation, Com pal Electronics, Inc. Motion Hearing set for 7/10/2014 10:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Vince Chhabria. Case Management Statement due by 7/31/2014. Case Management Conference set for 8/7/2014 10:00 AM in Courtroom 10, 19th Floor, San Francisco. Signed by Judge Vince Chhabria on 6/20/2014. (knmS, COURT STAFF) (Filed on 6/20/2014)

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MORGAN, LEWIS & BOCKIUS LLP
ANDREW J. GRAY IV (SBN 202137)
[e-mail]
COREY R. HOUMAND (SBN 268366)
[e-mail]
2 Palo Alto Square
3000 El Camino Real, Suite 700
Palo Alto, CA 94306
Telephone: [phone]
Fax:
650-843-4001
Attorneys for Defendants SILERGY
CORPORATION, SILERGY TECHNOLOGY,
COMPAL ELECTRONICS, INC. AND
BIZCOM ELECTRONICS, INC.
John P. Schnurer, Bar No. 185725
[e-mail]
Thomas N. Millikan, Bar No. 234430
[e-mail]
Michael J. Engle, Bar No. 259476
[e-mail]
John D. Esterhay, Bar No. 282330
[e-mail]
PERKINS COIE LLP
11988 El Camino Real, Suite 350
San Diego, CA 92130-2594
Telephone: [phone]
Facsimile: 858.720.5799
Attorneys for Plaintiff
MONOLITHIC POWER SYSTEMS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION

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MONOLITHIC POWER SYSTEMS, INC.,
Plaintiff,
vs.
SILERGY CORPORATION, SILERGY
TECHNOLOGY, COMPAL ELECTRONICS,
INC., and BIZCOM ELECTRONICS, INC.,
Defendants.

Case No. 3:14-cv-01745-VC
STIPULATION AND [PROPOSED]
ORDER RESCHEDULING THE
HEARING ON DEFENDANTS
SILERGY TECHNOLOGY AND
BIZCOM ELECTRONICS, INC.’S
MOTION TO DISMISS AND THE
INITIAL CASE MANAGEMENT
CONFERENCE AS MODIFIED

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Judge: Hon. Vince Chhabria
Ctrm: Courtroom 4, 17th Floor

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Complaint filed November 1, 2013

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
PALO ALTO

CASE NO. 3:14-CV-01745-VC
STIPULATION AND [PROPOSED] ORDER RESCHEDULING HEARING DATE AND INITIAL CMC

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Pursuant to Civil L.R. 6-2, Plaintiff Monolithic Power Systems, Inc. (“Plaintiff”) and

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Defendants Silergy Corporation, Silergy Technology, Compal Electronics, Inc., and Bizcom

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Electronics, Inc. (collectively, “Defendants,” and together with Plaintiff, “the Parties”), hereby

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stipulate as follows:

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Whereas, this Court entered an Order on May 16, 2014, scheduling the Initial Case
Management Conference in this case for July 25, 2014 at 10:30 a.m. (Dkt. No. 75);
Whereas, this Court entered an Order on May 20, 2015, setting the hearing on the Motion

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to Dismiss filed by Silergy Technology and Bizcom Electronics, Inc. for July 3, 2014 at 1:30 p.m.

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(Dkt. No. 77), which the Court subsequently rescheduled to 10:00 a.m. on that same date (Dkt.

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No. 83);
Whereas, trial counsel for the Defendants will be unable to attend the July 3, 2014 hearing

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on Silergy Technology and Bizcom Electronics, Inc.’s Motion to Dismiss and the July 25, 2014

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Initial Case Management Conference due to scheduling conflicts preceding the entry of the

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above-mentioned Orders;

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Whereas, the Defendants have met and conferred with Plaintiff, and the Parties have

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agreed to reschedule the hearing on Silergy Technology and Bizcom Electronics, Inc.’s Motion to

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Dismiss to Thursday, July 10, 2014, at 10:00 a.m.;

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Whereas, the Parties have also agreed to reschedule the Initial Case Management
Conference to Tuesday, August 5, 2014, at 10:00 a.m.;

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Whereas, the Parties agree that rescheduling the hearing on Silergy Technology and

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Bizcom Electronics, Inc.’s Motion to Dismiss and the Initial Case Management Conference

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would lead to a more efficient use of judicial resources and orderly management and scheduling

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of this case, and do not anticipate that the rescheduling of these two events will affect any other

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deadline set by the Court;

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Whereas, the case has had one prior modification when Judge Michael Fitzgerald stayed

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the deadline for Silergy Corporation and Compal Electronics, Inc. to respond to the Complaint

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while the case was being transferred to the Northern District of California at the Defendants’

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request. No other time modifications have been requested by the Parties or entered by this Court:

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
PALO ALTO

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CASE NO. 3:14-CV-01745-VC
STIPULATION AND [PROPOSED] ORDER RESCHEDULING HEARING DATE AND INITIAL CMC

NOW THEREFORE, the Parties hereby stipulate that:

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

rescheduled to Thursday, July 10, 2014, at 10:00 a.m.;

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

Thursday, August 7, 2014 at
The Initial Case Management Conference is rescheduled to Tuesday, August 5, 2014 at
10:00 a.m.;

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The hearing on Silergy Technology and Bizcom Electronics, Inc.’s Motion to Dismiss is



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The Parties are to file a Joint Case Management Statement by July 29, 2014.

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Dated: June 16, 2014

Respectfully submitted,

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MORGAN, LEWIS & BOCKIUS LLP

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By /s/ Andrew J. Gray IV
ANDREW J. GRAY IV
Attorney for Defendants
SILERGY CORPORATION, SILERGY
TECHNOLOGY, COMPAL
ELECTRONICS, INC., and BIZCOM
ELECTRONICS, INC.

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Dated: June 16, 2014

PERKINS COIE LLP

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By /s/ Thomas N. Millikan
THOMAS N. MILLIKAN
Attorney for Plaintiff MONOLITHIC
POWER SYSTEMS, INC.

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
PALO ALTO

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CASE NO. 3:14-CV-01745-VC
STIPULATION AND [PROPOSED] ORDER RESCHEDULING HEARING DATE AND INITIAL CMC

FILER’S ATTESTATION

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Pursuant to Local Rule 5-1(i)(3) regarding signatures, I attest that Thomas N. Millikan has

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concurred in the filing of this document.

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Dated: June 16, 2014

MORGAN, LEWIS & BOCKIUS LLP

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By /s/ Andrew J. Gray IV
ANDREW J. GRAY IV
Attorneys for Defendants
SILERGY CORPORATION, SILERGY
TECHNOLOGY, COMPAL
ELECTRONICS, INC., and BIZCOM
ELECTRONICS, INC.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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S

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R NIA

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DER
__________________________________
SO R
ISVinceO FIED
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The Honorable
Chhabria
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UNITED STATES DISTRICT JUDGE

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Dated: June 20 2014
__________,

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
PALO ALTO

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CASE NO. 3:14-CV-01745-VC
STIPULATION AND [PROPOSED] ORDER RESCHEDULING HEARING DATE AND INITIAL CMC