Yufa v. Particle Measuring Systems, Inc.

Filing 110

ORDER CONTINUING STAY. Signed by Judge Phyllis J. Hamilton on 4/12/2018. (pjhlc2, COURT STAFF) (Filed on 4/12/2018) (Additional attachment(s) added on 4/12/2018: # 1 Certificate/Proof of Service) (kcS, COURT STAFF).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ALEKSANDR L. YUFA, 9 10 11 Case No. 09-cv-01388-PJH Plaintiff, 8 v. ORDER CONTINUING STAY PARTICLE MEASURING SYSTEMS, INC., Re: Dkt. Nos. 108, 109 United States District Court Northern District of California Defendant. 12 13 14 On February 18, 2015, the court granted a stay in this case based on the 15 possibility of the patents-in-suit being assigned to a receiver and sold at auction in order 16 to satisfy a judgment in another suit involving the plaintiff in this action. Dkt. 90. Since 17 then, the parties have filed status reports every six months seeking to continue the stay; 18 the court has repeatedly ordered the stay to continue as the appointment of a receiver 19 was appealed. Dkt. 92, 95, 98, 101, 104, 107. 20 On October April 5, 2018, pro se plaintiff Alexsandr Yufa filed an updated status 21 statement requesting that the court continue the stay. Dkt. 108. Defendant Particle 22 Measuring Systems, Inc. agrees that an additional stay is appropriate. Dkt. 109. 23 In Yufa v. TSI Incorporated, No. 4:09-cv-1315 KAW (“TSI”), the Federal Circuit has 24 now affirmed the order to appoint a receiver for Yufa’s patents. TSI Dkt. 250. However, 25 no assignment has yet taken place and TSI’s motion to compel assignment was denied 26 without prejudice on December 11, 2017. TSI Dkt. 273. 27 28 In addition, On July 7, 2017, Yufa appealed the TSI court’s order denying Yufa’s request to order the time range for receiver’s evaluations and granting TSI’s motion to 1 approve instruction of the receiver. TSI Dkt. 262. The Federal Circuit has yet to issue a 2 decision on that appeal. 3 The court agrees that the stay should remain in place. The parties shall file an 4 updated status statement no later than six months from the date of this order, apprising 5 the court as to whether the patents have been assigned. 6 7 8 9 IT IS SO ORDERED. Dated: April 12, 2018 __________________________________ PHYLLIS J. HAMILTON United States District Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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