Xilinx, Inc. v. Papst Licensing GMBH & Co.KG

Filing 31

JOINT STIPULATION AND ORDER REGARDING BRIEFING AND HEARING OF DEFENDANT'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, IN THE ALTERNATIVE, TRANSFER TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF DELAWARE. Case Management Statement due by 4/16/2015. Case Management Conference set for 4/23/2015 at 01:30 PM in Courtroom 3, 17th Floor, San Francisco. Motion to Dismiss set for 4/23/2015 at 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 2/13/15. (cl, COURT STAFF) (Filed on 2/17/2015)

1
2
3
4
5
6
7
8
9
10
11
12

Glenn E. Westreich (SBN 100457)
([e-mail])
Jason M. Gonder (SBN 257522)
([e-mail])
Henry L. Welch (SBN 261663)
([e-mail])
HAYNES AND BOONE, LLP
525 University Avenue, Suite 400
Palo Alto, California 94301
Phone: [phone]
Fax: [phone]
Patrick T. Michael (SBN 169745)
([e-mail])
Joe C. Liu (SBN 237356)
([e-mail])
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Phone: [phone]
Fax: [phone]

13
14

Attorneys for Plaintiff
XILINX, INC.

15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA

17
SAN FRANCISCO DIVISION

18
19

XILINX, INC.,

20

Case No. 3:14-cv-04963-RS
Plaintiff,

21
22
23
24
25

v.
PAPST LICENSING GMBH & CO. KG,
Defendant.

JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING
BRIEFING AND HEARING OF
DEFENDANT’S MOTION TO DISMISS
FOR LACK OF PERSONAL
JURISDICTION OR, IN THE
ALTERNATIVE, TRANSFER TO THE
U.S. DISTRICT COURT FOR THE
DISTRICT OF DELAWARE

26
27
28
JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING OF DEFENDANT’S MOTION TO DISMISS
CASE NO. 3:14-CV-04963-RS

1

WHEREAS, on February 6, 2015, Defendant Papst Licensing GmbH & Co. KG (“Papst

2

Licensing”) filed a Motion to Dismiss for Lack of Personal Jurisdiction or, in the Alternative,

3

Transfer to the U.S. District Court for the District of Delaware (“Motion to Dismiss”), which

4

Papst Licensing noticed for hearing on March 19, 2015 [Dkt. 18];

5

WHEREAS, on February 11, 2015, Plaintiff Xilinx, Inc. (“Xilinx”) filed a Motion for

6

Leave to Conduct Limited Personal Jurisdiction Discovery (“Motion for Discovery”) on the issues

7

raised by Papst Licensing’s Motion to Dismiss, which Motion for Discovery Xilinx noticed for

8

hearing on March 12, 2015 [Dkt. 21];

9

WHEREAS, on February 11, 2015, Xilinx filed a Motion to Enlarge Time for Briefing and

10

Hearing on Papst Licensing’s Motion to Dismiss in which Xilinx requested that the hearing on

11

Papst Licensing’s Motion to Dismiss be continued to April 23, 2015 and the deadline for Xilinx to

12

oppose the Motion to Dismiss be extended to April 2, 2015 [Dkt. 27];

13
14
15

WHEREAS, a Case Management Conference in this action is currently scheduled for
March 19, 2015 [Dkt. 15];
WHEREAS, to allow time for briefing, hearing, and a decision on Xilinx’s Motion for

16

Discovery, the parties agree to a continuance of the Case Management Conference and hearing on

17

Papst Licensing’s Motion to Dismiss and an extension of the remaining briefing deadlines on

18

Papst Licensing’s Motion to Dismiss; and

19

WHEREAS, the parties expressly agree that Papst Licensing does not waive its right to

20

challenge the exercise of personal jurisdiction over Papst Licensing or venue in this Court by

21

entering into this Stipulation.

22

THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT:

23

1.

24
25
26
27
28

the hearing on Papst Licensing’s Motion to Dismiss is continued to April 23, 2015,

or as soon thereafter as the Court is available;
2.

the deadline for Xilinx to file an opposition to Papst Licensing’s Motion to Dismiss

is extended to April 2, 2015;
3.

the deadline for Papst Licensing to file a reply on its Motion to Dismiss is extended

to April 9, 2015, and
1
JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING OF DEFENDANT’S MOTION TO DISMISS
CASE NO. 3:14-CV-04963-RS

1
2

4.

the Case Management Conference is continued to April 23, 2015, or as soon

thereafter as the Court is available.

3
4

Dated: February 13, 2015

5

HAYNES AND BOONE, LLP
By:

6
7
8

/s/ Glenn E. Westreich
Glenn E. Westreich (SBN 100457)
([e-mail])
525 University Avenue, Suite 400
Palo Alto, California 94301
Phone: [phone]
Fax: [phone]

9
Attorneys for Plaintiff
XILINX, INC.

10
11
12

Dated: February 13, 2015

DINOVO PRICE ELLWANGER & HARDY LLP

13
14

By:

15
16
17

/s/ Jay D. Ellwanger
Jay D. Ellwanger (SBN 217747)
([e-mail])
7000 North MoPac Expy., Suite 350
Austin, TX 78731
Phone: [phone]
Fax: [phone]

18
19

Attorneys for Defendant
PAPST LICENSING GMBH & CO. KG

20
21
22
23
24
25
26
27
28
2
JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING OF DEFENDANT’S MOTION TO DISMISS
CASE NO. 3:14-CV-04963-RS

1

[PROPOSED] ORDER

2

Pursuant to the parties’ stipulation, and good cause shown, it is hereby ORDERED:

3

1.

4

2015 at 1:30 p.m.;

5

2.

6

3.

the deadline for Papst Licensing to file a reply on its Motion to Dismiss shall be

extended to April 9, 2015, and

9
10

the deadline for Xilinx to oppose Papst Licensing’s Motion to Dismiss shall be

extended to April 2, 2015;

7
8

the hearing on Papst Licensing’s Motion to Dismiss shall be continued to April 23,

4.

1:30 pm
the Case Management Conference shall be continued to April 23, 2015 at 10:00

a.m.

11
12

Dated: February 13 2015
__,
The Honorable Richard Seeborg,
United States District Court Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING OF DEFENDANT’S MOTION TO DISMISS
CASE NO. 3:14-CV-04963-RS