Ruckus Wireless, Inc. v. Netgear, Inc. et al

Filing 39

STIPULATION AND ORDER CONCERNING MOTION TO STAY re 38 Stipulation filed by Ruckus Wireless, Inc. Signed by Judge Phyllis J. Hamilton on 9/26/08. (nah, COURT STAFF) (Filed on 9/26/2008)

1 ROBERT J. YORIO (SBN 93178) [e-mail] 2 COLBY B. SPRINGER (SBN 214868) [e-mail] 3 TAM T. PHAM (SBN 229090) [e-mail] 4 CARR & FERRELL LLP 2200 Geng Road 5 Palo Alto, California 94303 Telephone: [phone] Facsimile: [phone] 7 Attorneys for Plaintiff and Counterclaim 8 Defendant RUCKUS WIRELESS, INC. 9 10 11 12 13 RUCKUS WIRELESS, INC., a Delaware corporation, 14 Plaintiff and Counterclaim Defendant, 15 v. 16 NETGEAR, INC., a Delaware corporation; and 17 RAYSPAN CORPORATION, a Delaware corporation 18 Defendants and Counterclaimants. 19 20 21

DAVID M. BARKAN (SBN 160825) [e-mail] JOSHUA M. MASUR (SBN 203510) [e-mail] THOMAS B. MANUEL (SBN 254186) [e-mail] FISH & RICHARDSON P.C. 500 Arguello Street Suite 500 Redwood City, California 94063-1526 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants and Counterclaimants NETGEAR, INC. and RAYSPAN CORPORATION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CASE NO. C 08-02310 PJH STIPULATION AND PROPOSED ORDER CONCERNING MOTION TO STAY

Counsel for RUCKUS WIRELESS, INC. ("RUCKUS"), NETGEAR, INC. ("NETGEAR"),

22 and RAYSPAN CORPORATION ("RAYSPAN") (collectively the PARTIES) appeared before the 23 Court on September 18, 2008 for a Case Management Conference. During the conference, counsel 24 for the PARTIES agreed to a rescheduling of dates related to the opposition of RUCKUS and the 25 reply of NETGEAR and RAYSPAN as those dates pertain to NETGEAR and RAYSPAN's motion 26 to stay, then on calendar for October 29, 2008. 27 /// 28 ///
{00337908v1}

-1STIPULATION AND PROPOSED ORDER CONCERNING MOTION TO STAY CASE NO. C 08-02310 PJH

1

The Court rescheduled the opposition of RUCKUS to come due on September 29, 2008 and

2 the reply of NETGEAR and RAYSPAN to come due on October 6, 2008. The hearing on said 3 motion was rescheduled for December 10, 2008. 4 Following the hearing, counsel for RUCKUS realized a scheduling conflict that would

5 complicate preparation and filing of RUCKUS' opposition. Counsel for the PARTIES met and 6 conferred and agreed to new dates amenable to the PARTIES. The hearing date of December 10, 7 2008 need not change. Counsel for the PARTIES therefore stipulate and request that the Court 8 enter those dates as the dates for filing of oppositions and replies. 9 Counsel for the PARTIES hereby stipulate and agree that the opposition papers of RUCKUS

10 shall come due on October 17, 2008. Counsel for the PARTIES hereby stipulate and agree that the 11 reply papers of NETGEAR and RAYSPAN shall come due on November 4, 2008. The motion 12 shall be heard on December 10, 2008, as previously scheduled. 13 14 Dated: September 24, 2008 15 16 17 18 19 20 21 22 23 24 25 26 27 28
{00337908v1}

Respectfully submitted,

CARR & FERRELL LLP
By: _/s/ Colby B. Springer ROBERT J. YORIO (SBN 93178) COLBY B. SPRINGER (SBN 214868) TAM T. PHAM (SBN 229090) CARR & FERRELL LLP 2200 Geng Road Palo Alto, California 94303 Attorneys for Plaintiff and Counter-Defendant RUCKUS WIRELESS, INC.

Dated: September 24, 2008

FISH & RICHARDSON P.C. By: _/s/ Joshua M. Masur DAVID M. BARKAN (SBN 160825) JOSHUA M. MASUR (SBN 203510) THOMAS B. MANUEL (SBN 254186) 500 Arguello Street, Suite 500 Redwood City, California 94063 Attorneys for Defendants and Counter-Plaintiffs NETGEAR, INC. and RAYSPAN CORPORATION

-2STIPULATION AND PROPOSED ORDER CONCERNING MOTION TO STAY CASE NO. C 08-02310 PJH

1 2

ORDER The dates for the filing of the opposition of RUCKUS scheduled for September 29, 2008

3 and the reply of NETGEAR and RAYSPAN scheduled to come due on October 6, 2008 as they 4 pertain to NETGEAR and RAYSPAN's motion to stay are hereby vacated. 5 The opposition papers of RUCKUS with respect to NETGEAR and RAYSPAN's motion to

6 stay shall come due on October 17, 2008. 7 The reply papers of NETGEAR and RAYSPAN with respect to the motion to stay shall

8 come due on November 4, 2008. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
{00337908v1}

The motion shall be heard on December 10, 2008, as previously scheduled.

9/26/08 Dated: _____________________

By

UNIT ED

HONORABLE PHYLLIS J. HAMILTON UNITED STATES DISTRICT JUDGE DERED
n

S

S DISTRICT TE C TA

RT U O

J

ER

N

F D IS T IC T O R

-3STIPULATION AND PROPOSED ORDER CONCERNING MOTION TO STAY CASE NO. C 08-02310 PJH

A

C

LI

FO

yllis J. udge Ph

Hamilto

R NIA

O IT IS S

OR

NO

RT

H

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
{00337908v1}

GENERAL ORDER 45: ATTESTATION OF SIGNATURES Pursuant to General Order No. 45, section X(B) regarding signatures, I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories.

Dated: September 24, 2008

By: _/s/ Colby B. Springer____ COLBY B. SPRINGER

-4STIPULATION AND PROPOSED ORDER CONCERNING MOTION TO STAY CASE NO. C 08-02310 PJH