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

Filing 34

ORDER by Judge Haywood S. Gilliam, Jr. Granting 33 Stipulation re docket no. 29 MOTION to Dismiss. (ndrS, COURT STAFF) (Filed on 8/16/2016)

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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]
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,

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Plaintiff,
v.
COMPAL ELECTRONICS, INC.,

Case No. 3:16-cv-01409-HSG
STIPULATION AND ORDER
SETTING BRIEFING SCHEDULE
REGARDING COMPAL
ELECTRONICS, INC.’S MOTION
TO DISMISS____________

Defendant.

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SULLIVAN & CROMWELL LLP

STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE REGARDING COMPAL
ELECTRONICS, INC.’S MOTION TO DISMISS
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”);
WHEREAS, on June 21, 2016, Via and defendant Compal Electronics, Inc.

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(“Compal”) filed their Stipulation and [Proposed] Order Setting Schedule on Response to

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Complaint and Rescheduling Initial Case Management Conference and Related Dates (Dkt. No.

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18) (the “Stipulation With Proposed Order”);

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WHEREAS, on June 21, 2016, the Court granted the Stipulation With Proposed
Order (Dkt. No. 19) (the “Order Granting Stipulation”);
WHEREAS, the Order Granting Stipulation stated that if Compal files “any
motion in response to the Complaint, the Parties will meet and confer on a briefing schedule”;
WHEREAS, on August 5, 2016, Compal filed its Motion to Dismiss (the “Motion
to Dismiss”) (Dkt. No. 29), which is scheduled to be heard at 2:00 p.m. on September 29, 2016;
WHEREAS, the parties have met and conferred regarding a briefing schedule
with respect to the Motion to Dismiss.
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between
Via and Compal, by and through their respective counsel, that:
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Via shall have until and including September 2, 2016 to file its opposition

to the Motion to Dismiss (the “Opposition”);
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Compal shall have until and including September 15, 2016 to file its reply

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to Via’s Opposition.

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DATED: August 16, 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
-1STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE REGARDING COMPAL
ELECTRONICS, INC.’S MOTION TO DISMISS
CASE NO. 3:16-CV-01409-HSG

Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff VIA LICENSING
CORPORATION

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DATED: August 16, 2016
/s/ Robert J. Benson
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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*

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: AUGUST 16, 2016

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

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SULLIVAN & CROMWELL LLP

-2STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE REGARDING COMPAL
ELECTRONICS, INC.’S MOTION TO DISMISS
CASE NO. 3:16-CV-01409-HSG