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

Filing 188

ORDER re 185 Status Report, filed by Emerging Markets Communications, Inc., Comtech EF Data Corporation, EMC Satcom Technologies, Inc., Applied Signal Technology, Inc.. Signed by Judge ARMSTRONG on 10/27/10. (lrc, COURT STAFF) (Filed on 10/27/2010)

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

Doc. 188

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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.

Case No. 09-CV-02180-SBA

JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT BETWEEN APPLIED SIGNAL TECHNOLOGY, INC., COMTECH EF DATA CORP., EMERGING MARKETS COMMUNICATIONS, INC., AND EMC SATCOM TECHNOLOGIES, INC. AND REQUEST FOR EXTENSION OF RELIEF FROM THE CASE MANAGEMENT SCHEDULING CONFERENCE ORDER

09-CV-02180-SBA

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Joint Status Report on Settlement Between AST, Comtech, and EMC and Req. for Ext. of Relief

Dockets.Justia.com

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Pursuant to the Court's order dated September 28, 2010 (Dkt. No. 172), defendants Emerging Markets Communications, Inc., EMC Satcom Technologies, Inc. (collectively "EMC"), plaintiff and counter-defendant, Applied Signal Technology, Inc. ("AST"), and third-party defendant Comtech EF Data Corp. ("Comtech"), submit this joint status report on the progress of settlement. As previously reported to the Court, AST, Comtech, and EMC agreed at the settlement conference before Magistrate Judge Zimmerman to settle their dispute. The parties have exchanged written draft settlement license proposals and are in general agreement on most license terms, though certain terms are still subject to ongoing negotiation. On September 22, 2010, the parties filed a Joint Status Report requesting additional time to finalize their settlement to October 25, 2010. The Court granted that extension on September 28. Since the last Joint Status Report, the parties have continued to work diligently to finalize their license agreement, including through exchange of additional draft settlement terms and conversations between the parties' counsel, which has further narrowed the remaining issues. However, due to a number of factors, including the many unusual and customized provisions being negotiated, the parties continue to work diligently to finalize their agreement. As such, the parties respectfully and jointly stipulate and request that the Court extend its September 28, 2010 order granting relief from the Case Management Order for a period of twenty eight (28) days from the existing date of October 25, 2010 to Monday, November 22, 2010. The parties will continue to work diligently during this time to finalize their settlement license agreement, which the parties continue to expect will result in the dismissal of the EMC entities from this litigation.

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Joint Status Report on Settlement Between AST, Comtech, and EMC and Req. for Ext. of Relief

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Date: October 25, 2010

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

Date: October 25, 2010

SANDERS & PARKS P.C. /s/ Rick N. Bryson Rick N. Bryson ATTORNEYS FOR PLAINTIFF/ COUNTER-DEFENDANT APPLIED SIGNAL TECHNOLOGY AND THIRDPARTY DEFENDANT COMTECH EF DATA CORP.

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Joint Status Report on Settlement Between AST, Comtech, and EMC and Req. for Ext. of Relief

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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 N. Bryson. Date: October 25, 2010 HARNESS, DICKEY & PIERCE, PLC /s/ Rudolph A. Telscher Rudolph A. Telscher ATTORNEYS FOR DEFENDANTS EMERGING MARKETS COMMUNICATIONS, INC. and EMC SATCOM TECHNOLOGIES, INC.

09-CV-02180-SBA

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Joint Status Report on Settlement Between AST, Comtech, and EMC and Req. for Ext. of Relief

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ORDER Pursuant to stipulation, it is hereby ordered that the Court's September 28, 2010 order (Dkt. No. 172) granting relief from the Case Management Conference Scheduling Order is extended 28 days from the existing date of October 25, 2010 to November 22. Plaintiff Applied Signal Technology, Inc. shall file a notice of dismissal, or a joint status report with EMC on the progress of settlement, by November 22, 2010. Date: 10/27/10 _____________________________________ SAUNDRA BROWN ARMSTRONG JUDGE, UNITED STATES DISTRICT COURT

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Joint Status Report on Settlement Between AST, Comtech, and EMC and Req. for Ext. of Relief