Fuzzysharp Technologies Incorporated v. Ziilabs Inc., Ltd.

Filing 36

ORDER by Judge ARMSTRONG granting 34 Motion MODIFY CASE MANAGEMENT SCHEDULING ORDER (lrc, COURT STAFF) (Filed on 11/7/2008)

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David Fink (pro hac vice) 7519 Apache Plume Houston, TX 77071 Tele. 713 729-4991 Fax. [phone] [e-mail] Duncan M. McNeill 1514 Van Dyke Avenue San Francisco, CA 94124 Tele. 415 752-5063 [e-mail] Fed. Bar No. 136416 Attorneys for Plaintiff , FUZZYSHARP TECHNOLOGIES INCORPORATED UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

FUZZYSHARP TECHNOLOGIES INCORPORATED,

) ) ) Plaintiff, ) ) v. ) ) 3DLABS CO., LTD. ) ) Defendant. ) ) __________________________________ )

CIVIL ACTION NO. 07-05948 SBA MOTION ORDER TO MODIFY THE CASE MANAGEMENT SCHEDULING ORDER

This is an unopposed Motion by the Plaintiff FuzzySharp Technologies, Inc. (FST") to modify the Case Management Scheduling Order of August 18, 2008. The reason for this request is that the hurricane Ike which hit Houston caused an interruption of electrical and water services through much of Houston and particularly in the area of the undersigned attorney's home and office. The area of Houston in which my home and office are located was about the last area to have electricity restored.
MOTION TO MODIFY THE CASE MANAGEMENT SCHEDULING ORDER FuzzySharp Technologies, Inc. v. 3DLabs Co. Ltd. CV 07-05948 RS 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 During the hurricane and for many weeks after the hurricane we had the additional problems of having to boil water before drinking it and very limited supplies of food, bottled water, and even gasoline. In addition, the undersigned attorney became serious sick after the electricity was restored. The cause of the sickness is not known but it might have resulted from tainted water, or tainted food, despite careful steps in accordance with public announcements. A Declaration in support of this Motion is attached. During this extended period of personal hardship, I am pleased to report that both the Defendant 3DLabs Inc., Ltd. and its attorney, Mark L. Pettinari were outstanding in their professional conduct and patience. Despite the potential issues between parties and attorneys during litigation, the Defendant and Mr. Pettinari are role models for positive conduct during litigation. The following chart shows the requested changes: EVENT
Exchange of Proposed Terms and Claim Elements for ................ Construction (Pat. L.R. 4-1(a)) Exchange of Preliminary Claim Constructions and Extrinsic ....... Evidence (Pat. L.R. 4-2) Joint Claim Construction Statements (Pat. L.R. 4-3) .................... Completion of Claim Construction Discovery (Pat. L.R. 4-4) ...... FST's Opening Claim Construction Brief (Pat. L.R. 4-5(a)) ........ 3DLabs' Opposing Claim Construction Brief .............................. (Pat. L.R.l 4-5(b)) FST's Reply Claim Construction Brief (Pat. L.R. 4-5(c)) ............ DATES Change to 11/26/08 from 9/26/08 Change to 12/12/08 from 10/09/08 Change to 01/16/09 from 11/19/08 Change to 01/30/09 from 11/28/08 Change to 03/06/09 from 01/02/09 Change to 03/20/09 from 01/16/09 Change to 03/27/09 from 01/23/09

MOTION TO MODIFY THE CASE MANAGEMENT SCHEDULING ORDER FuzzySharp Technologies, Inc. v. 3DLabs Co. Ltd. CV 07-05948 RS 2

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Claim Construction Hearing (Pat. L.R. 4-6) ..................................

Change to 04/23/09, 9:00 a.m., for 3.0 hours, from 02/26/09, 9:00 a.m., for 3.0 hours.

It is respectfully pointed out that the proposed change for the Claim Construction Hearing avoids a conflict with the undersigned observance of a Jewish Holiday. Respectfully Submitted

/s/David Fink David Fink Attorney for Plaintiff FuzzySharp Technologies Incorporated The Court has considered the foregoing Motion and hereby modifies the date of the Case Management Scheduling Order as proposed above.

Date: 11/6/08

DISTRICT JUDGE S.B. ARMSTRONG

MOTION TO MODIFY THE CASE MANAGEMENT SCHEDULING ORDER FuzzySharp Technologies, Inc. v. 3DLabs Co. Ltd. CV 07-05948 RS 3