Yufa v. Particle Measuring Systems, Inc.

Filing 104

ORDER Continuing Stay. Signed by Judge Phyllis J. Hamitlon on 04/14/2017. (pjhlc2S, COURT STAFF) (Filed on 4/14/2017) (Additional attachment(s) added on 4/14/2017: # 1 Certificate/Proof of Service) (kcS, COURT STAFF).

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 ALEKSANDR L. YUFA, 6 7 8 Case No. 09-cv-01388-PJH Plaintiff, 5 v. ORDER CONTINUING STAY PARTICLE MEASURING SYSTEMS, INC., Re: Dkt. Nos. 102, 103 Defendant. 9 10 On February 18, 2015, the court granted a stay in this case based on the United States District Court Northern District of California 11 possibility of the patents-in-suit being assigned to a receiver and sold at auction in order 12 to satisfy a judgment in another suit involving plaintiff. Dkt. 90. Since then, the parties 13 have filed status reports every six months seeking to continue the stay; the court has 14 repeatedly ordered the stay to continue as the appointment of a receiver was appealed. 15 Dkt. 92, 95, 98, 101. 16 On April 7, 2017, pro se plaintiff Alexsandr Yufa filed an updated status statement 17 requesting that the court continue the stay. Dkt. 102. In Yufa v. TSI Incorporated, No. 18 4:09-cv-1315 KAW, the Federal Circuit has now affirmed the order to appoint a receiver 19 for Yufa’s patents. Id. Dkt. 250. However, no assignment has yet taken place. 20 Defendant Particle Measuring Systems, Inc. agrees that an additional stay is appropriate. 21 Dkt. 103. 22 The court agrees that the stay should remain in place. The parties shall file an 23 updated status statement no later than six months from the date of this order, apprising 24 the court as to whether the patents have been assigned. 25 26 27 28 IT IS SO ORDERED. Dated: April 14, 2017 __________________________________ PHYLLIS J. HAMILTON United States District Judge

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