Google Inc. v. Netlist, Inc.

Filing 40

Letter to Magistrate Judge Joseph C. Spero in response to Plaintiff's letter of 07/21/09, from Daniel A. Zlatnik, dated 07/24/09 (Zlatnik, Daniel) (Filed on 7/24/2009) Modified on 7/27/2009 (jlm, COURT STAFF).

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MORRISON & FOERSTER LLP NEW YORK, SAN FRANCISCO, LOS ANGELES, PALO ALTO, SAN DIEGO, WASHINGTON, D.C. NORTHERN VIRGINIA, DENVER, SACRAMENTO, WALNUT CREEK TOKYO, LONDON, BEIJING, SHANGHAI, HONG KONG, SINGAPORE, BRUSSELS

July 24, 2009

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Honorable Joseph C. Spero United States District Court 450 Golden Gate Avenue 15th Floor, Courtroom A San Francisco, CA 94102 Re: Google, inc. v. Netlist, Inc. U.S.D.C. for the N.D. Cal., Case no. 08-04144 SBA (JCS)

Dear Judge Spero: Defendant Netlist, Inc. ("Netlist") files this letter in response to the letter filed by Plaintiff Google, Inc. ("Google") on July 21, 2009. Instead of obeying the Court's Order requiring an in-person meet and confer, Google rushed to file a letter with the Court after giving Netlist less than one business day to confirm deposition dates during the second week of August. Because the parties have not met and conferred in-person as required by the Court, Google's letter was improper. Netlist is confident that an in-person meet and confer will resolve the scheduling matters raised in Google's letter. Thus, no action is required by the Court. Sincerely, /s/ Daniel A. Zlatnik Daniel A. Zlatnik

pa-1349349