VIA Technologies, Inc. v. SONICBlue Claims LLC et al

Filing 182

STIPULATION AND ORDER VACATING HEARING ON DEFENDANT'S MOTION FOR LEAVE TO FILE THIRD-PARTY COMPLAINT re 181 Stipulation, filed by Ferry Claims, LLC, Freefall Claims I, LLC, SonicBlue Claims LLC, SONICBlue Claims LLC. Signed by Judge Phyllis J. Hamilton on 11/16/11. (nah, COURT STAFF) (Filed on 11/16/2011)

COBLENTZ, PATCH, DUFFY & BASS LLP

ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA
415.391.4800 • FAX [phone]

94111-4213

1 JONATHAN R. BASS (State Bar No. 75779)
BRIAN J. SCHMIDT (State Bar No. 265937)
2 COBLENTZ, PATCH, DUFFY & BASS LLP
One Ferry Building, Suite 200
3 San Francisco, California 94111-4213
Telephone: [phone]
4 Facsimile: 415.989.1663
Email: [e-mail]
[e-mail]
5
6 Attorneys for Defendants SONICBLUE
CLAIMS, LLC, FERRY CLAIMS, LLC, and
7 FREEFALL CLAIMS I, LLC
8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

11
12 VIA TECHNOLOGIES INC., a Taiwan
corporation
13
Plaintiff,
14
v.
15
SONICBLUE CLAIMS, LLC, a Delaware
16 limited liability company; FERRY CLAIMS,
LLC, a California limited liability company;
17 and FREEFALL CLAIMS I, LLC, a California
limited liability company,
18
Defendants.
19

Case No. 09-cv-02109 PJH
STIPULATION AND [PROPOSED]
ORDER VACATING HEARING ON
DEFENDANT’S MOTION FOR LEAVE
TO FILE THIRD-PARTY COMPLAINT
Date:
Time:
Place:

December 14, 2011
9:00 a.m.
Courtroom 3 (Judge Hamilton)
1301 Clay Street
Oakland, CA

Trial Date:

January 21, 2013

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21
22

STIPULATION

23

The undersigned parties stipulate as follows:

24

1.

The December 14, 2011 hearing on the motion of defendant SonicBlue Claims,

25 LLC (“SBC”) for leave to file a third-party complaint is vacated, and briefing on the motion is
26 suspended;
27

2.

SBC may re-notice its motion for hearing on any Wednesday in January or

28 February, 2012; except for January 4 or 11, 2012.
14528.001.1913354v2
1

Case No. 09-cv-02109 PJH

STIPULATION AND [PROPOSED] ORDER VACATING HEARING ON DEFENDANT’S MOTION FOR
LEAVE TO FILE THIRD-PARTY COMPLAINT

1

3.

No party shall argue that the period of time between December 14, 2011 and the re-

2 noticed hearing date renders the motion untimely or has caused any party to suffer prejudice; and
3

4.

The briefing schedule on any re-noticed motion shall proceed as if the re-notice

4 were a newly filed motion.
5 DATED: November 15, 2011

8

By:

9
10

/s/ Jonathan R. Bass
Jonathan R. Bass
Attorneys for Defendants SONICBLUE
CLAIMS, LLC, FERRY CLAIMS, LLC, and
FREEFALL CLAIMS I, LLC

11
12 DATED: November 15, 2011

MORRISON & FOERSTER LLP

13
14

By:

15

/s/ Daniel A. Zlatnik
Daniel A. Zlatnik
Attorneys for Plaintiff VIA TECHNOLOGIES,
INC.

16
17

Pursuant to the parties’ stipulation, IT IS SO ORDERED.

19
, 2011

S

November 16

S DISTRICT
TE
C
TA

RT
U
O

20 DATED:

ER

H

23

ilton

Ham
hyllis J.

FO

RT

Judge P

LI

22

R NIA

PHYLLIS J. HAMILTON
ED
ORDER
IT IS District Judge
United States SO

21

A

18

[PROPOSED] ORDER

UNIT
ED

COBLENTZ, PATCH, DUFFY & BASS LLP

7

I, Jonathan R. Bass, am the ECF User
whose ID and password are being used
to file this Stipulation and [Proposed]
Order. Pursuant to General Order 45, I
hereby attest that Daniel A. Zlatnik has
concurred in this filing.

NO

ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA
415.391.4800 • FAX [phone]

94111-4213

6

COBLENTZ, PATCH, DUFFY & BASS LLP

N

F
D IS T IC T O
R

C

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25
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27
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14528.001.1913354v2

2

Case No. 09-cv-02109 PJH

STIPULATION AND [PROPOSED] ORDER VACATING HEARING ON DEFENDANT’S MOTION FOR
LEAVE TO FILE THIRD-PARTY COMPLAINT