EDAG Engineering GmbH v. BYTON North America Corporation

Filing 191

Order Granting [189, 190] STIPULATION TO RESET DATES FOR HEARING MOTION TO AMEND (DOC.# 71 AND# 72) PURSUANT TO LOCAL RULE 7-12 AND RESETTING DATES FOROPPOSITION AND REPLY THEREOF. Motion Hearing as to 71 MOTION to Alter Judgment and add Byton Limited to the Judgment as Judgment Debto, reset from 9/29/2022, to 1/26/2023, at 1:30 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. Signed by Judge Edward M. Chen on 8/1/2022. (vla, COURT STAFF) (Filed on 8/1/2022)

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David J. Cook (SBN 60859)
COOK COLLECTION ATTORNEYS, PLC
ATTORNEYS AT LAW
165 Fell Street
San Francisco, CA 94102
Telephone: [phone]
Facsimile: [phone]
[e-mail]
LEWIS & LLEWELLYN LLP
Evangeline A.Z. Burbidge (Bar No. 266966)
[e-mail]
Marc R. Lewis (Bar No. 233306)
[e-mail]
Kenneth M. Walczak (Bar No. 247389)
[e-mail]
Bradley E. Estes (Bar No. 298766)
[e-mail]
60 I Montgomery Street, Suite 2000
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner EDAO Engineering OmbH,
a corporation organized and existing under the laws
of the Republic of Germany ("EDAO")

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

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EDAO Engineering OmbH,

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Petitioner,

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v.

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BYTON North America Corporation,
Respondent

Case No. 3:21-cv-04736-EMC
ORDER TO CONFIRM STIPULATION
TO RESET DATES FOR HEARING
MOTION TO AMEND (DOC.# 71 AND#
72) PURSUANT TO LOCAL RULE 7-12
AND RESETTING DATES FOR
OPPOSITION AND REPLY THEREOF
Judge: Honorable Edward M. Chen [VideoZOOM hearing)
Petition Filed: June 23, 2021

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ORDER TO CONFIRM STIPULATION TO RESET DATES FOR HEARING MOTION TO
AMEND (DOC. # 71 AND # 72) PURSUANT TO LOCAL RULE 7-12 AND RESETTING
DATES FOR OPPOSITION AND REPLY THEREOF

PURSUANT TO STIPULATION BY AND BETWEEN PLAINTIFF EDAG

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ENGINEERING GMBH AND DEFENDANT BYTON NORTH AMERICA CORPORATION TO
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RESET HEARING ON THE MOTION TO AMEND (DOC.# 71 & #72), AND RELATED
PENDING MOTION WHICH WERE ADVANCED TO THE HEARING DATE FOR THE
MOTION TO AMEND, AND GOOD CAUSE, AND THEREFORE:

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IT IS SO ORDERED:

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1.

The current hearing date for the Motion to Amend (Doc.# 71 and #72) is set for

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September 29, 2022, set by the court, based on Application (Local Rule 7-11) for September 29,

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2022. (Doc. # 166)

2.

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Pursuant to Local Rule 7-1 l(b), the EDAG Engineering GmbH ( 11 EDAG 11 ) and Byton

North America Corporation ("Byton N.A. 11 ) have stipulated to the resetting the current date of

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September 29, 2022, and the dates of August 25, 2022 to file an Amended Motion to Amend
thereof, September 8, 2022 for opposition thereof, and September 15, 2022 for the reply thereof, and
to a new date of January 26, 2023, and the parties hereof stipulate to the following dates below:
A.

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In addition to any prior relief (Doc.# 166), to incorporate the same in its entirety, and

the resetting of hearing of September 29, 2022 to January 26, 2023 to allow EDAG to supplement
and amend the Motion to Amend with any and all new arguments, and all new evidence, i.e.
testimony from various pending depositions (Breitfeld and Oto among many others), and the
production of any and all current and new records, no matter what, and provide new arguments and

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evidence, any records and testimony therein thereof.

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B.

"Orders in Abeyance" from previous Motions, and like orders, for the following:

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Orders: Doc. #89 and# 169, or any other Orders held in Abeyance thereof, and that the Orders of

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Abeyance are pending with concurrence to the pending Motion to Amend (Doc.# 71 & # 72) and

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integrated and made a part thereof and incorporated therein of the new date of January 26, 2023.

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C.

Set the new date(s) for the hearing on January 26, 2023 with the following dates:

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Date for the filing of the EDAG Amended, Supplemental and New Motion to Amend

(#71 and #72), and any and all new and additional arguments, and all new and additional

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declarations, depositions, testimony, memorandum, and evidence, and the like thereof, on December

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22, 2022.

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ORDER TO CONFIRM STIPULATION TO RESET DATES FOR HEARING MOTION TO
AMEND (DOC.# 71 AND# 72) PURSUANT TO LOCAL RULE 7-12 AND RESETTING
DATES FOR OPPOSITION AND REPLY THEREOF

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2.

Date for the filing of the Opposition by Byton N.A. would be January 5, 2023.

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Date for the filing of the EDAG's reply would be January 12, 2023.
August
PURSUANT TO STIPULATION, IT SO ORDERED. (July _1, 2022)

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EDWARD M. CHEN
JUDGE OF THE UNITED STATES
DISTRICT COURT N.D. CA

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ORDER TO CONFIRM STIPULATION TO RESET DATES FOR HEARING MOTION TO
AMEND (DOC.# 71 AND# 72) PURSUANT TO LOCAL RULE 7-12 AND RESETTING
DATES FOR OPPOSITION AND REPLY THEREOF