Argo Import Export, Ltd. v. Green Creative, LLC

Filing 25

STIPULATION AND ORDER to Continue Case Management Conference. Case Management Statement due by 12/10/2020. Initial Case Management Conference set for 12/17/2020 at 10:00 AM. All parties shall appear telephonically and must contact Court Conference at [phone] at least one week prior to the Conference to arrange their participation Signed by Judge Richard Seeborg on 10/15/20.. (clS, COURT STAFF) (Filed on 10/15/2020)

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David S. Bloch (SBN 184530)
[e-mail]
GREENBERG TRAURIG, LLP
Four Embarcadero Center, Suite 3000
San Francisco, California 94111
Telephone: [phone]
Facsimile: 415.520.5609

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Kyle Chen (SBN 239501)
[e-mail]
GREENBERG TRAURIG, LLP
1900 University Avenue
East Palo Alto, CA 94303
Telephone: [phone]
Facsimile: 650.328.8508

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Attorneys for Plaintiff
Jiaxing Super Lighting Electric Appliance Co., Ltd.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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ARGO IMPORT EXPORT LTD.

) Case Number: 3:20-cv-04882-RS
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) Case Number: 3:20-cv-06174-RS
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) JOINT STIPULATION TO CONTINUE
) CASE MANAGEMENT CONFERENCE
) BY ARGO AND SUPER LIGHTING
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) Date: October 22, 2020
) Time: 10:00 a.m.
) Location: Via teleconference
) Hon. Richard Seeborg

Plaintiff,
vs.
GREEN CREATIVE, LLC,
Defendant.

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JIAXING SUPER LIGHTING ELECTRIC

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APPLIANCE CO., LTD.

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Plaintiff,

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vs.

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ARGO IMPORT EXPORT LTD.,
Defendant.
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JOINT STIP TO CONTINUE CASE MANAGEMENT CONF BY ARGO AND SUPER LIGHTING

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Jiaxing Super Lighting Electric Appliance Co., Ltd. (“Super Lighting”) and Argo Import Export

2 Ltd. (“Argo”) jointly ask the Court to continue the initial case management conference presently set for
3 October 22 in both this case and the related case, Argo Import Export Ltd. v. Green Creative, LLC, Case
4 No. 3:20-cv-04882-RS (“Green Creative”).
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Super Lighting filed its declaratory judgment action against Argo on September 1, 2020. ECF 1.

6 The declaratory judgment action arises out of Argo’s claim in the Green Creative case that Green
7 Creative infringes Argo’s U.S. Patent No. 10,677,397. Super Lighting supplies Green Creative with
8 some, but not all, of the products Argo accuses of infringement, and hence seeks a declaration that none
9 of the Super Lighting-supplied products infringe the ’397 patent. Id. Super Lighting’s case is related to
10 the Green Creative case, and the Court has put the two cases on the same schedule. Green Creative,
11 ECF 16.
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Argo agreed to waive service on October 8, 2020. ECF 11. Thus, under Rule 4, Argo’s deadline

13 to respond to Super Lighting’s declaratory judgment complaint is December 8, 2020. That being the
14 case, the parties jointly ask that the Court continue the case management conference to the same date as
15 the Green Creative case management conference.
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Argo and Green Creative already have stipulated to continue the initial case management

17 conference to some time after December 4, 2020. Green Creative, ECF 23. For reasons of judicial
18 efficiency, Super Lighting and Argo believe that the case management conference in this matter should
19 take place at the same time. Argo and Super Lighting already have engaged in their initial Rule 26
20 conference, and hence discovery can proceed even if the case management conference is continued.
21 This will ensure that the case proceeds in an orderly fashion even before the pleadings are settled.
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A continuance also is warranted because Argo is asserting the same ’397 patent in Argo Import

23 Export, Ltd. v. MaxLite, Inc., U.S. District Court, Central District of California Case No. 8:20-cv-0131724 JVS-JDE (“MaxLite”). The initial case management conference in MaxLite is scheduled for November
25 23, 2020, before Hon. James V. Selna. Super Lighting believes that a small number of the products
26 accused of infringement in MaxLite are supplied indirectly by Super Lighting, and thus that the same
27 issues raised in Super Lighting and in Green Creative, such as claim construction, may be apply to
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JOINT STIP TO CONTINUE CASE MANAGEMENT CONF BY ARGO AND SUPER LIGHTING

1 portions of the MaxLite case. The parties will be able to inform this Court of the status of the MaxLite
2 case following the MaxLite case management conference.
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There have been no previous continuances or extensions of time.

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For all of these reasons, judicial efficiency and the interests of justice dictate that the initial case

5 management conference be continued to a date after December 8, 2020. Local Rules 7-12, 16-2 (e).
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Dated: October 15, 2020

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/s/ David S. Bloch
JIAXING SUPER LIGHTING ELECTRIC
APPLIANCE CO., LTD.
David S. Bloch (SBN 184530)
[e-mail]

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GREENBERG TRAURIG, LLP
Four Embarcadero Center, Suite 3000

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San Francisco, California 94111

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Kyle Chen (SBN 239501)
[e-mail]
GREENBERG TRAURIG, LLP
1900 University Avenue
East Palo Alto, CA 94303

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Dated: October 15, 2020
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/s/ Steven W. Ritcheson
Counsel for ARGO IMPORT EXPORT LTD.
James F. McDonough, III
[e-mail]
Heninger Garrison Davis, LLC
3621 Vinings Slope, Suite 4320
Atlanta, GA 30339

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Steven W. Ritcheson
[e-mail]
Insight, PLC
578 Washington Blvd., #503
Marina del Rey, CA 90292

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JOINT STIP TO CONTINUE CASE MANAGEMENT CONF BY ARGO AND SUPER LIGHTING

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SIGNATURE ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), I, David Bloch, hereby certify that the content of this

3 document is acceptable to each counsel and that I obtained their authorization to affix their electronic
4 signatures to this document.
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Dated: October 15, 2020
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/s/ David S. Bloch
David S. Bloch (SBN 184530)
[e-mail]
GREENBERG TRAURIG, LLP
Four Embarcadero Center, Suite 3000
San Francisco, California 94111

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ORDER
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PURSUANT TO STIPULATION, and for good cause shown, IT IS ORDERED THAT the
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Initial Case Management Conference in this matter is continued to December 17, 2020 at 10:00 am. Case
Management Statement Due by December 10, 2020. All parties shall appear telephonically and must
contact Court Conference at [phone] at least one week prior to the Conference to arrange their
participation.
Richard Seeborg
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United States District Judge

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JOINT STIP TO CONTINUE CASE MANAGEMENT CONF BY ARGO AND SUPER LIGHTING

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JOINT STIP TO CONTINUE CASE MANAGEMENT CONF BY ARGO AND SUPER LIGHTING