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

Filing 47

STIPULATION AND ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE re 45 Stipulation filed by Papst Licensing GmbH & Co. KG. Signed by Judge Phyllis J. Hamilton on 10/15/09. (nah, COURT STAFF) (Filed on 10/15/2009)

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A limited liability partnership formed in the State of Delaware

John S. Siamas (SBN 49061) [e-mail] REED SMITH LLP Two Embarcadero Center, Suite 2000 San Francisco, CA 94111-3922 Telephone: [phone] Facsimile: [phone] Leonard Friedman (admitted pro hac vice) [e-mail] HUSCH BLACKWELL SANDERS WELSH & KATZ 120 South Riverside Plaza, Suite 2200 Chicago, IL 60606 Telephone: [phone] Facsimile: +1 312.655.1501 Attorneys for Defendant Papst Licensing GmbH & Co. KG UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION EXCELSTOR TECHNOLOGY, INC., EXCELSTOR TECHNOLOGY LIMITED, EXCELSTOR GROUP LIMITED, EXCELSTOR GREAT WALL TECHNOLOGY LIMITED, and SHENZHEN EXCELSTOR TECHNOLOGY LIMITED, Plaintiffs, vs. PAPST LICENSING GMBH & CO. KG, and DOES 1 through 10, Defendants. Case No. 09-cv-2055-PJH STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE Honorable Phyllis J. Hamilton

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REED SMITH LLP

No. 09-cv-2055-PJH ­1­ US_ACTIVE-101972525.1 STIPULATION AND PROPOSED ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE

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A limited liability partnership formed in the State of Delaware

IT IS HEREBY STIPULATED AND AGREED by Plaintiffs ExcelStor Technology, Inc., ExcelStor Technology Limited, ExcelStor Group Limited, ExcelStor Great Wall Technology Limited, and Shenzhen ExcelStor Technology Limited (collectively referred to as "ExcelStor") and Defendant Papst Licensing GmbH & Co. KG ("Papst"), through their respective counsel and pursuant to Civil Local Rules 6-2, 7-12 and 16-2, as follows: WHEREAS, ExcelStor filed the captioned action on May 12, 2009; WHEREAS, this Court initially scheduled the Case Management Conference for August 27, 2009; WHEREAS, Papst filed a motion on July 17, 2009 to dismiss the ExcelStor's complaint; WHEREAS, ExcelStor filed an Amended Complaint on July 31, 2009; WHEREAS, Papst then withdrew its motion to dismiss the initial complaint in the captioned action, and filed a new motion to dismiss the Amended Complaint; WHEREAS, this Court rescheduled the Case Management Conference for October 22, 2009 based on a stipulated request of the parties, as a result of Papst withdrawing its initial motion to dismiss and filing a new one after ExcelStor filed an Amended Complaint; WHEREAS, in an August 26, 2009 Order (Dkt. No. 37), this Court set a detailed schedule for briefing and resolving the Rule 12(b)(1), (2) and (6) issues raised in Papst's motion to dismiss in several stages; WHEREAS, pursuant to its Order of August 26, 2009, the Court first will hear oral argument on October 21, 2009 on the subject matter jurisdiction and failure to state a claim portions of Papst's motion to dismiss; WHEREAS, pursuant to its Order of August 26, 2009, if the Court determines that there is subject matter jurisdiction, there is a schedule for completing briefing on ExcelStor's motion for personal jurisdictional discovery that is measured from the date of the Court's decision as to whether
No. 09-cv-2055-PJH ­2­ US_ACTIVE-101972525.1 STIPULATION AND PROPOSED ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE

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REED SMITH LLP

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A limited liability partnership formed in the State of Delaware

there is subject matter jurisdiction; WHEREAS, pursuant to its Order of August 26, 2009, if the Court grants the discovery motion, there is a schedule for conducting the discovery and then completing briefing on the personal jurisdiction portion of Papst's motion to dismiss, that is measured from the date of the Court's decision on the discovery motion; WHEREAS, pursuant to its Order of August 26, 2009, if the Court does not grant the discovery motion, there is a schedule for completing briefing on the personal jurisdiction portion of Papst's motion to dismiss, that is measured from the date of the Court's decision on the discovery motion; and WHEREAS, in view of the pending motions and the schedule set by the Court's Order of August 26, 2009, it is desirable to continue the Case Management Conference that is currently scheduled for October 22, 2009, and briefly to discuss appropriate timing for a Case Management Conference at the hearing of Papst's motion to dismiss on October 21, 2009; IT IS HEREBY STIPULATED between ExcelStor and Papst that, subject to the Court's approval, the Case Management Conference be removed from the docket on October 22, 2009 and its timing be addressed at the hearing of Papst's motion to dismiss on October 21, 2009. This Court initially scheduled a Case Management Conference for August 27, 2009, and the impact on the overall schedule of this case due to the requested rescheduling of the Case Management Conference will depend on the new schedule set by the Court.

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REED SMITH LLP

No. 09-cv-2055-PJH ­3­ US_ACTIVE-101972525.1 STIPULATION AND PROPOSED ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE

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A limited liability partnership formed in the State of Delaware

DATED: October 13, 2009 REED SMITH LLP

By

/s/ John S. Siamas John S. Siamas Attorneys for Defendant PAPST LICENSING GMBH & CO. KG

DATED: October 13, 2009

CARR & FERRELL LLP

By_/s/ Kenneth B. Wilson Kenneth B. Wilson Attorneys for EXCELSTOR Plaintiffs PURSUANT TO STIPULATION, IT IS SO ORDERED. The Case Management Conference scheduled for October 22, 2009 shall be removed from the docket, to be rescheduled by the Court after the hearing of Papst's currently pending motion to dismiss on October 21, 2009.

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No. 09-cv-2055-PJH ­4­ US_ACTIVE-101972525.1 STIPULATION AND PROPOSED ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE

REED SMITH LLP

15 DATED: October __, 2009

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