Excelstor Technology, Inc. et al v. Papst Licensing GmbH & Co. KG

Filing 23

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 21 Stipulation, filed by Excelstor Group Limited, Shenzhen Excelstor Technology Limited, Excelstor Great Wall Technology Limited, Excelstor Technology, Inc., Excelstor Technology Limited. Signed by Judge Phyllis J. Hamilton on 8/11/09. (nah, COURT STAFF) (Filed on 8/11/2009)

1 KENNETH B. WILSON (SBN 130009) [e-mail] 2 CHRISTOPHER P. GREWE (SBN 245938) [e-mail] 3 CARR & FERRELL LLP 2200 Geng Road 4 Palo Alto, California 94303 Telephone: [phone] Facsimile: [phone] 6 Attorneys for Plaintiffs EXCELSTOR TECHNOLOGY, INC., 7 EXCELSTOR TECHNOLOGY LIMITED, EXCELSTOR GROUP LIMITED, 8 EXCELSTOR GREAT WALL TECHNOLOGY LIMITED and SHENZHEN EXCELSTOR 9 TECHNOLOGY LIMITED 10 11 12 13 14 15 16 17 18 19 20 21 v. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

EXCELSTOR TECHNOLOGY, INC., a Delaware corporation; EXCELSTOR TECHNOLOGY LIMITED, a Hong Kong corporation; EXCELSTOR GROUP LIMITED, a Cayman Islands corporation; EXCELSTOR GREAT WALL TECHNOLOGY LIMITED, a Cayman Islands corporation; and SHENZHEN EXCELSTOR TECHNOLOGY LIMITED, a Chinese corporation, Plaintiffs,

CASE NO. CV 09-02055 PJH

STIPULATION AND [PROPOSED] ORDER RE CONTINUANCE OF CASE MANAGEMENT CONFERENCE

PAPST LICENSING GMBH & CO. KG, a 22 German corporation; and DOES 1 through 10, inclusive, 23 Defendants. 24 25 26 27 28
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-1Stipulation and Order Re Continuance of Case Management Conference (Case No. CV 09-02055 PJH)

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IT IS HEREBY STIPULATED AND AGREED by Plaintiffs ExcelStor Technology, Inc.,

2 ExcelStor Technology Limited, ExcelStor Group Limited, ExcelStor Great Wall Technology 3 Limited, and Shenzhen ExcelStor Technology Limited (collectively referred to as "ExcelStor") and 4 Defendant Papst Licensing GmbH & Co. KG ("Papst"), through their respective counsel and 5 pursuant to Civil Local Rules 6-2, 7-12 and 16-2, as follows: 6 7 WHEREAS, ExcelStor filed their Complaint against Papst in this action on May 12, 2009; WHEREAS, the initial Case Management Conference in this case is currently scheduled for

8 August 27, 2009 at 2:30 p.m.; 9 WHEREAS, on July 17, 2009 Papst filed a Motion to Dismiss ExcelStor's Complaint

10 pursuant to Federal Rule of Civil Procedure 12(b)(1), 12(b)(2) and 12(b)(6), and set the hearing for 11 that motion on August 26, 2009; 12 WHEREAS, on July 31, 2009, ExcelStor filed an Amended Complaint that moots certain of

13 the arguments made in Papst's original Motion to Dismiss; 14 WHEREAS, Papst has filed a Notice of Withdrawal of Motion relating to its original

15 motion, and intends to file a new Motion to Dismiss directed at the Amended Complaint; 16 WHEREAS, Papst intends to set this motion for hearing on Wednesday, October 21, 2009

17 at 9:00 a.m., which is the first Wednesday morning that both Papst's counsel and the Court are 18 available for a hearing on Papst's new motion; and 19 WHEREAS, the attorneys for Papst who will be arguing Papst's motion will be travelling

20 from Chicago for the hearing, and hope to be able to attend the hearing on Papst's Motion and the 21 initial Case Management Conference in a single trip to California. 22 IT IS HEREBY STIPULATED between ExcelStor and Papst that subject to the Court's

23 approval, the Case Management Conference may be moved to October 22, 2009 at 2:30 p.m. Aside 24 from a Stipulation that extended the time for Papst to respond to the Complaint by approximately a 25 month, there have been no other previous time modifications in the case. The requested 26 continuance of the Case Management Conference would likely delay the overall schedule in this 27 case (which has not yet been established) by roughly eight weeks. 28
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-2Stipulation and Order Re Continuance of Case Management Conference (Case No. CV 09-02055 PJH)

1 Dated: August 10, 2009 2 3 4 5 6 7 8 9 Dated: August 10, 2009 10 11 12 13 14 15

CARR & FERRELL LLP
By: /s/ Kenneth B. Wilson KENNETH B. WILSON CHRISTOPHER P. GREWE Attorneys for Plaintiffs EXCELSTOR TECHNOLOGY, INC., EXCELSTOR TECHNOLOGY LIMITED, EXCELSTOR GROUP LIMITED, EXCELSTOR GREAT WALL TECHNOLOGY LIMITED and SHENZHEN EXCELSTOR TECHNOLOGY LIMITED

HUSCH BLACKWELL SANDERS WELSH & KATZ
By: /s/ Leonard Friedman LEONARD FRIEDMAN Attorneys for Defendant PAPST LICENSING GMBH & CO. KG

PURSUANT TO STIPULATION, IT IS SO ORDERED. The initial Case Management

16 Conference in this case shall be held on October 22, 2009 at 2:30 p.m. 17 11 19 Dated: August ___, 2009 20 21 22 23 24 25 26 27 28
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-3Stipulation and Order Re Continuance of Case Management Conference (Case No. CV 09-02055 PJH)

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The HonorableO ORDER S Phyllis J. Hamilton UnitedIT IS District Court Judge States

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SIGNATURE ATTESTATION Pursuant to General Order No. 45(X)(B), I hereby attest that I have obtained the

3 concurrence in the filing of this document from all the signatories for whom a signature is indicated 4 by a "conformed" signature (/s/) within this e-filed document and I have on file records to support 5 this concurrence for subsequent production for the court if so ordered or for inspection upon 6 request. 7 8 Dated: August 10, 2009 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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/s/ Christopher P. Grewe CHRISTOPHER P. GREWE

-4Stipulation and Order Re Continuance of Case Management Conference (Case No. CV 09-02055 PJH)