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

Filing 258

ORDER re 251 MOTION for Extension of Relief from the Case Management Scheduling Conference; Joint Status Report on the Progress of Settlement filed by Emerging Markets Communications, Inc., Comtech EF Data Corporation, EMC Satcom Technologies, Inc., Applied Signal Technology, Inc.. Signed by Judge ARMSTRONG on 5/19/11. (lrc, COURT STAFF) (Filed on 5/24/2011)

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RICK N. BRYSON (Pro hac vice)
[e-mail]
MICHELLE BREIT, Bar No. 133143
[e-mail]
BRETT M. HAGER (Pro hac vice)
[e-mail]
BENJAMIN K. ERLICK (Pro hac vice)
[e-mail]
SANDERS & PARKS P.C.
3030 N. Third Street, Suite 1300
Phoenix, AZ 85012-3099
Telephone: [phone]
Facsimile: [phone]
JAMES C. OTTESON, Bar No. 157781
[e-mail]
AGILITY IP LAW
1900 University Circle, Suite 201
East Palo Alto, CA 94303
Attorneys for Plaintiff and Counterclaim Defendant
APPLIED SIGNAL TECHNOLOGY, INC. and
Third-Party Defendant COMTECH EF DATA, CORP.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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APPLIED SIGNAL TECHNOLOGY, INC.
Plaintiff,

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Case No. 09-CV-02180-SBA

vs.
EMERGING MARKETS COMMUNICATIONS,
INC., EMC SATCOM TECHNOLOGIES, INC.,
PARADISE DATACOM, LLC, and VIASAT,
INC.,
Defendants.

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

AND RELATED COUNTERCLAIMS AND
THIRD PARTY CLAIMS

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Pursuant to the Joint Status Report dated May 6, 2011 (Dkt. No. 241) and the Order

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signed by Judge Armstrong on May 9, 2011 (Dkt. No. 243), defendants Emerging Markets
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COMTECH EF DATA CORP’S AND APPLIED SIGNAL TECHNOLOGY, INC.’S
JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT

CASE NO. 09-CV-02180-SBA

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Communications, Inc., and EMC Satcom Technologies, Inc. (collectively “EMC”), plaintiff and

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counter-defendant Applied Signal Technology, Inc. (“AST”), third-party defendant Comtech EF

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Data Corp. (“Comtech”) submit this joint status report on the progress of settlement.

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In their report to the Court on May 6, 2011, AST, Comtech, and EMC requested referral

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to Magistrate Judge Zimmerman for assistance in resolving their remaining issues as they work

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to finalize a settlement license. In response, the Court’s May 9, 2011 Order referred the above

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parties to Magistrate Judge Zimmerman for further settlement discussions.

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Also on May 9, 2011, the above parties corresponded via email with Magistrate Judge

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Zimmerman requesting his assistance in finalizing their settlement agreement. Also with that

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correspondence, the parties delivered to Magistrate Judge Zimmerman a copy of the May 6 Joint

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Status Report, along with a letter agreement identifying the remaining issues between the parties.

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That correspondence also addressed possible approaches to a further settlement conference.

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Since the above parties and their remaining disputes are now referred to Magistrate Judge

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Zimmerman, the above parties will cooperate with Magistrate Judge Zimmerman in a further

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settlement conference or as otherwise directed.

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In light of the above parties being referred to Magistrate Judge Zimmerman, they jointly

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stipulate and respectfully request that the Court order the next settlement status report be due

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thirty-one days from May 13, 2011, for a due date of June 13, 2011.

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Date: May 13, 2011

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.

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COMTECH EF DATA CORP’S AND APPLIED SIGNAL TECHNOLOGY, INC.’S
JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT

CASE NO. 09-CV-02180-SBA

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Date: May 13, 2011

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

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COMTECH EF DATA CORP’S AND APPLIED SIGNAL TECHNOLOGY, INC.’S
JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT

CASE NO. 09-CV-02180-SBA

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DECLARATION OF CONSENT

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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
Douglas A. Robinson.
Date: May 13, 2011

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

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COMTECH EF DATA CORP’S AND APPLIED SIGNAL TECHNOLOGY, INC.’S
JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT

CASE NO. 09-CV-02180-SBA

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ORDER

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Pursuant to stipulation, it is hereby ordered that the Court’s May 2, 2011 order

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(Dkt. No. 243) granting relief from the Case Management Conference Scheduling Order
is extended an additional thirty one (31) days from the current stipulated date of May 13,
2011 to June 13, 2011. Plaintiff Applied Signal Technology, Inc. shall file a notice of
dismissal, or a joint status report with EMC on the progress of settlement, by June 13,
2011.

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Dated: 5/19/11

________________________________________
SAUNDRA BROWN ARMSTRONG
JUDGE, UNITED STATES DISTRICT COURT

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COMTECH EF DATA CORP’S AND APPLIED SIGNAL TECHNOLOGY, INC.’S
JOINT STATUS REPORT ON THE PROGRESS OF SETTLEMENT

CASE NO. 09-CV-02180-SBA