Raytheon Applied Signal Technology, Inc. v. Emerging Markets Communications, Inc. et al

Filing 153

ORDER granting 151 Stipulation to Relieve Emerging Markets Communications, Inc. and EMC Satcom Technologies, Inc., from Compliance with Case Management Scheduling Order. Signed by Judge Saundra Brown Armstrong on 8/12/10. (kc, COURT STAFF) (Filed on 8/12/2010)

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Joseph E. Walsh, Jr. (admitted pro hac vice) [e-mail] Rudolph A. Telscher (admitted pro hac vice) [e-mail] Douglas A. Robinson (admitted pro hac vice) [e-mail] HARNESS DICKEY & PIERCE, P.L.C. 7700 Bonhomme, Suite 400 St. Louis, MO 63105 Tel: [phone]; Fax: [phone] Philip J. Wang, Bar No. 218349 [e-mail] The Law Office of Philip J. Wang 160 Bovet Road, Suite 310 San Mateo, CA 94402-3100 Tel: [phone] Attorneys for Emerging Markets Communications, Inc. and EMC Satcom Technologies, LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION APPLIED SIGNAL TECHNOLOGY, INC. Plaintiff, v. EMERGING MARKETS COMMUNICATIONS, INC., EMC SATCOM TECHNOLOGIES, INC., PARADISE DATACOM, LLC, and VIASAT, INC., Defendants. AND RELATED COUNTERCLAIMS STIPULATED REQUEST TO RELIEVE EMERGING MARKETS COMMUNICATIONS, INC. AND EMC SATCOM TECHNOLOGIES, INC. FROM COMPLIANCE WITH THE CASE MANAGEMENT CONFERENCE SCHEDULING ORDER

Case No. 09-CV-02180-SBA

09-CV-02180-SBA (BZ)

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Stipulated Request to Relieve EMC from the Case Management Order

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Defendants Emerging Markets Communications, Inc., EMC Satcom Technologies, Inc. (collectively "EMC") request, and plaintiff and counterdefendant, Applied Signal Technology, Inc. ("AST"), third-party defendant Comtech EF Data Corp. ("Comtech"), and defendants/counterclaimants Paradise Datacom, LLC and ViaSat, Inc. ("Paradise and ViaSat") do not oppose, that the Court relieve EMC from the upcoming requirements and deadlines set forth in the Case Management Conference Scheduling Order (Docket #148) due to EMC's agreement to settle with AST. At the July 22, 2010 settlement conference before Magistrate Judge Zimmerman, EMC and AST and Comtech reached a settlement in principal. When finalized, this settlement will result in a full and final settlement of the dispute between EMC and AST and Comtech, including EMC's dismissal from this litigation. The settlement between EMC and AST and Comtech does not affect the dispute between Paradise, ViaSat, AST, and Comtech. EMC, AST, and Comtech wish to temporarily cease litigating their dispute in order to focus on finalizing their settlement agreement, and Paradise and ViaSat do not oppose such a request. Good cause exists because the requested relief will allow EMC to avoid the undue burden that would result from devoting time and money on preparing unnecessary claim construction papers, and the requested relief will not prejudice the other parties. As to the parties other than EMC, this stipulation will not alter the Case Management Conference Schedule entered by the Court on August 2, 2010 (Docket #148). Accordingly, it is hereby stipulated that EMC be relieved from the upcoming requirements set forth in the Case Management Conference Schedule for a period of five weeks, ending September 3, 2010. It is further stipulated that all parties be further relieved from providing responses to outstanding discovery obligations or any other scheduled exchange of information or filings as between EMC and AST
09-CV-02180-SBA (BZ) -2Stipulated Request to Relieve EMC from the Case Management Order

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and Comtech and as between EMC and ViaSat and Paradise. Plaintiff AST shall file a notice of dismissal, or jointly with EMC file a joint status report on the progress of settlement, by September 3, 2010. Date: August 5, 2010 SANDERS & PARKS P.C. ____/s/ Rick N. Bryson Rick N. Bryson ATTORNEYS FOR PLAINTIFF/COUNTERDEFENDANT APPLIED SIGNAL TECHNOLOGY AND THIRD-PARTY DEFENDANT COMTECH EF DATA CORP.

Date: August 5, 2010

HARNESS, DICKEY & PIERCE, PLC ____/s/ Douglas A. Robinson Douglas A. Robinson ATTORNEYS FOR DEFENDANTS EMERGING MARKETS COMMUNICATIONS, INC. and EMC SATCOM TECHNOLOGIES, INC.

Date: August 5, 2010

FISH & RICHARDSON P.C. ____/s/ Christopher Marchese Christopher Marchese ATTORNEYS FOR DEFENDANTS/COUNTERPLAINTIFFS PARADISE DATACOM, LLC AND VIASAT, INC.

09-CV-02180-SBA (BZ)

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Stipulated Request to Relieve EMC from the Case Management Order

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09-CV-02180-SBA (BZ)

DECLARATION OF CONSENT Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from Rick Bryson and Christopher Marchese. Date: August 5, 2010 HARNESS, DICKEY & PIERCE, P.L.C. ____/s/ Douglas A. Robinson Douglas A. Robinson Attorneys for Defendants EMERGING MARKETS COMMUNICATIONS, INC. AND EMC SATCOM TECHNOLOGIES, INC.

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Stipulated Request to Relieve EMC from the Case Management Order

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09-CV-02180-SBA (BZ)
60704716.1

ORDER Pursuant to stipulation, it is hereby ordered that Defendants Emerging Markets Communications, Inc., EMC Satcom Technologies, Inc. are relieved from any and all requirements as set forth in the Case Management Conference Scheduling Order for the period ending September 3, 2010. All parties are further relieved from providing responses to outstanding discovery obligations or any other scheduled exchange of information or filings as between EMC and AST and Comtech and as between EMC and ViaSat and Paradise. Plaintiff AST shall file a notice of dismissal, or a joint status report with EMC on the progress of settlement, by September 3, 2010. Dated: 8/12/10 _________________________________________ SAUNDRA BROWN ARMSTRONG JUDGE, UNITED STATES DISTRICT COURT

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Stipulated Request to Relieve EMC from the Case Management Order