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

Filing 64

ORDER DIRECTING FURTHER BRIEFING. Signed by Judge Hamilton on 3/5/2010. (pjhlc1, COURT STAFF) (Filed on 3/5/2010)

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1 2 3 4 5 6 7 8 9 10 EXCELSTOR TECHNOLOGY, INC., et al., Plaintiffs, v. PAPST LICENSING GMBH & CO. KG, Defendant. _______________________________/ The court is in receipt of defendant's "Covenant" with respect to plaintiffs ExcelStor Technology, Inc., et al. In consideration of the fact that defendant's argument regarding its covenant not to sue was made only in its reply in support of its motion to dismiss, and not in its moving papers, the court finds that further briefing would be helpful. Accordingly, defendant will be permitted ten pages to address the impact of the covenant on the question of the court's jurisdiction to consider the first cause of action for declaratory relief. Defendant's brief shall be filed no later than March 15, 2010. Plaintiffs will be permitted ten pages to address defendant's arguments, and defendant will be permitted five pages for a reply. Plaintiffs' response shall be filed no later than March 22, 2010, and defendant's reply shall be filed no later than March 29, 2010. No. C 09-2055 PJH ORDER DIRECTING FURTHER BRIEFING UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: March 5, 2010 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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