Via Licensing Corporation v. Compal Electronics, Inc. et al

Filing 19

ORDER by Judge Haywood S. Gilliam, Jr. Granting 18 STIPULATION SETTING SCHEDULE ON RESPONSE TO COMPLAINT AND RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DATES. (terminating 11 ) Stipulation (ndrS, COURT STAFF) (Filed on 6/21/2016)

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Laura Kabler Oswell (State Bar No. 241281)
Thomas E. Fullerton (State Bar No. 305104)
SULLIVAN & CROMWELL LLP
1870 Embarcadero Road
Palo Alto, CA 94303
Telephone:
[phone]
Facsimile:
[phone]
Garrard R. Beeney
SULLIVAN & CROMWELL LLP
125 Broad Street
New York, New York 10004
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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VIA LICENSING CORPORATION,

Case No. 3:16-cv-01409-HSG

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Plaintiff,
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v.
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COMPAL ELECTRONICS, INC., et al.,
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STIPULATION AND ORDER
SETTING SCHEDULE ON
RESPONSE TO COMPLAINT AND
RESCHEDULING INITIAL CASE
MANAGEMENT CONFERENCE
AND RELATED DATES___________

Defendants.
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SULLIVAN & CROMWELL LLP

STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE ON RESPONSE TO COMPLAINT AND RESCHEDULING INITIAL
CASE MANAGEMENT CONFERENCE AND RELATED DATES
CASE NO. 3:16-CV-01409-HSG

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WHEREAS, on March 22, 2016, plaintiff Via Licensing Corporation (“Via”) filed
its Complaint for Breach of Contract; Specific Performance (Dkt. No. 1) (the “Complaint”);

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WHEREAS, on April 6, 2016, the Court ordered that a case management

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conference shall be held in this case on July 1, 2016, at 11:00 A.M., in Courtroom 5, 2nd Floor,

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Federal Courthouse, 1301 Clay Street, Oakland, California (Dkt. No. 8);

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WHEREAS, on May 9, 2016, Via was informed that defendants Compal

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Electronics, Inc. and Auscom Engineering Inc. (collectively, “Defendants”) have retained Orrick,

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Herrington & Sutcliffe LLP (“Orrick”) to represent them in the above-captioned action;

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WHEREAS, Orrick has agreed to accept service of the Complaint on behalf of all
Defendants;

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WHEREAS, on June 7, 2016, Via and Defendants filed their Stipulation and

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[Proposed] Order Setting Schedule on Response to Complaint and Rescheduling Initial Case

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Management Conference and Related Dates (Dkt. No. 11) (the “Stipulation With Proposed

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Order”);

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WHEREAS, on June 8, 2016, Judge Jeffrey S. White recused himself from this
case (Dkt. No. 12);
WHEREAS, on June 10, 2016, this case was reassigned to Judge Haywood S.
Gilliam, Jr. (Dkt. No. 15);
WHEREAS, on June 14, 2016, a case management conference was scheduled for

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July 5, 2016 at 2:00 p.m., in Courtroom 10, 19th Floor, 450 Golden Gate Avenue, San Francisco,

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California (Dkt. No. 16.) (the “Initial Case Management Conference”);

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WHEREAS, because Orrick has been recently retained by Defendants in this

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case, good cause exists to reschedule the Initial Case Management Conference to a later date and

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grant Defendants additional time to answer or otherwise respond to the Complaint;

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WHEREAS, the parties have agreed to complete the conference required by
Rule 26(f) of the Federal Rules of Civil Procedure on or before July 12, 2016;

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SULLIVAN & CROMWELL LLP

-1STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE ON RESPONSE TO COMPLAINT AND RESCHEDULING INITIAL
CASE MANAGEMENT CONFERENCE AND RELATED DATES
CASE NO. 3:16-CV-01409-HSG

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WHEREAS, other than the Stipulation With Proposed Order, which has been
neither granted nor denied, no time modifications have been previously requested in this case;
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between
Via and Defendants, by and through their respective counsel, that:

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Orrick will accept service of process on behalf of all Defendants.

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2.

Defendants shall have until and including August 5, 2016 to answer or

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otherwise respond to the Complaint.
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If Defendants file any motion in response to the Complaint, the Parties

will meet and confer on a briefing schedule.
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The Initial Case Management Conference should be rescheduled from

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July 5, 2016 to August 16, 2016, at 2:00 p.m., in Courtroom 10, 19th Floor, 450 Golden Gate

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Avenue, San Francisco, California.

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The Parties shall file their Joint Case Management Statement no later than

five (5) court days prior to the Initial Case Management Conference.
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As provided by the March 24, 2016 Order Setting Initial Case

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Management Conference and ADR Deadlines (Dkt. No. 4), all other deadlines provided by that

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order are continued consistent with the rescheduling of the Initial Case Management Conference

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to August 16, 2016, except for the conference required by Rule 26(f) of the Federal Rules of

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Civil Procedure, which the Parties have agreed to complete on or before July 12, 2016.

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DATED: June 21, 2016

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SULLIVAN & CROMWELL LLP

/s/ Laura Kabler Oswell
Laura Kabler Oswell
Thomas E. Fullerton
SULLIVAN & CROMWELL LLP
1870 Embarcadero Road
Palo Alto, California 94303
Telephone: [phone]
Facsimile: [phone]
Garrard R. Beeney
SULLIVAN & CROMWELL LLP
125 Broad Street
New York, New York 10004
Telephone: [phone]
Facsimile: [phone]
-2STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE ON RESPONSE TO COMPLAINT AND RESCHEDULING INITIAL
CASE MANAGEMENT CONFERENCE AND RELATED DATES
CASE NO. 3:16-CV-01409-HSG

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Attorneys for Plaintiff VIA LICENSING
CORPORATION

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DATED: June 21, 2016
/s/ Robert J. Benson (w/ permission by LKO)
Robert J. Benson (CA Bar No. 155971)
ORRICK, HERRINGTON & SUTCLIFFE LLP
2050 Main Street, Suite 1100
Irvine, California 92614
Telephone: [phone]
Facsimile: [phone]

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I. Neel Chatterjee (CA Bar No. 173985)
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, CA 94025-1015
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants COMPAL
ELECTRONICS, INC. and AUSCOM
ENGINEERING INC.

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I, Laura Kabler Oswell, am the ECF user whose ID and password are being used
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to file this Stipulation and [Proposed] Order Setting Schedule on Response to Complaint and
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Rescheduling Initial Case Management Conference and Related Dates. In compliance with
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General Order No. 45, X.B., I hereby attest that Robert J. Benson has concurred in this filing.
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/s/ Laura Kabler Oswell
Laura Kabler Oswell

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: JUNE 21, 2016.

_______________________________________
HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE

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SULLIVAN & CROMWELL LLP

-3STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE ON RESPONSE TO COMPLAINT AND RESCHEDULING INITIAL
CASE MANAGEMENT CONFERENCE AND RELATED DATES
CASE NO. 3:16-CV-01409-HSG