Thunder Power New Energy Vehicle Development Company Limited v. Byton North America Corporation et al

Filing 59

STIPULATION AND ORDER re 58 STIPULATION WITH PROPOSED ORDER Joint Stipulation to Change and Extend Time Regarding September 26, 2018 Deadlines filed by Thunder Power New Energy Vehicle Development Company Limited. Set/Reset Deadlines as to 47 MOTION for Preliminary Injunction. Responses due by 10/3/2018. Replies due by 10/10/2018. Signed by Judge Jon S. Tigar on September 26, 2018. (wsn, COURT STAFF) (Filed on 9/26/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THUNDER POWER NEW ENERGY
VEHICLE DEVELOPMENT COMPANY
LIMITED,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 18-cv-03115-JST
SCHEDULING ORDER
Re: ECF Nos. 55, 58

v.
BYTON NORTH AMERICA
CORPORATION, et al.,
Defendants.

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Plaintiff Thunder Power filed a motion for a preliminary injunction on September 5, 2018,

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with responses due by September 19, 2018, and Plaintiff’s reply due on September 26, 2018. ECF

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No. 47. Defendant Byton North America Corporation (“Byton N.A.”) filed its opposition on

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schedule. ECF No. 51. Defendant Nanjing Byton New Energy Vehicle Development Co., Ltd.

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(“Nanjing Byton”) did not.

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Instead, on September 19, 2018, Nanjing Byton and Plaintiff filed a joint stipulation

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purporting to extend the deadline for Nanjing Byton’s reply until October 3, 2018. ECF No. 55.

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This filing did not include a proposed order, nor did it request this Court’s approval, as required by

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Civil Local Rules 6-1(b) and 6-2.

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On September 25, 2018, the parties filed a stipulation and proposed order requesting to

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extend the September 26 deadline for Plaintiff’s reply brief to October 3, 2018. ECF No. 58.

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Neither the stipulation nor the proposed order addresses the practicability of having Plaintiff’s

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reply brief in support of its preliminary injunction motion due on the same day as Nanjing Byton’s

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opposition to that motion.

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The parties’ September 25 stipulation additionally requests that the Court extend Nanjing

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Byton’s deadline to respond to Plaintiff’s first amended complaint from September 26, 2018, to

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October 3, 2018. ECF No. 58. Per Civil Local Rule 6-1(a), no court order is required for the

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parties to extend this deadline pursuant to stipulation.

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In the interest of preserving judicial economy and clarifying the applicable schedule
moving forward, the Court sets the following deadlines:
Nanjing Byton’s deadline to answer Plaintiff’s first amended complaint is October 3, 2018.

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Nanjing Byton’s opposition to Plaintiff’s motion for a preliminary injunction is due October 3,

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2018. Plaintiff’s reply in support of its preliminary injunction motion is due October 10, 2018.

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United States District Court
Northern District of California

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The Court urges the parties to familiarize themselves with the Local Rules and to comply
with them in all respects with regard to future filings.
IT IS SO ORDERED.
Dated: September 26, 2018
______________________________________
JON S. TIGAR
United States District Judge

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