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

Filing 262

ORDER re 261 Joint MOTION 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 filed by Emerging Markets Communications, Inc., Comtech EF Data Corporation, EMC Satcom Technologies, Inc., Applied Signal Technology, Inc.. Signed by Judge ARMSTRONG on 6/13/11. (lrc, COURT STAFF) (Filed on 6/14/2011)

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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 13, 2011 (Dkt. No. 251) and the
Order signed by Judge Armstrong on May 24, 2011 (Dkt. No. 258), plaintiff and counter1
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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defendant Applied Signal Technology, Inc. (“AST”) and third-party defendant Comtech

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EF Data Corp. (“Comtech”) and defendants Emerging Markets Communications, Inc.,

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and EMC Satcom Technologies, Inc. (collectively “EMC”) submit this joint status report

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on the progress of settlement.

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Since the parties’ settlement status report to the Court on May 13, 2011, AST,

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Comtech, and EMC have spoken with Magistrate Judge Zimmerman regarding assistance

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in resolving their remaining issues to finalize a settlement agreement. In addition, the

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parties have also had further settlement discussions after speaking with Magistrate Judge

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Zimmerman and are working in good faith towards finalizing the settlement agreement.

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If the parties are unable to resolve the remaining settlement issues, they may seek
the Court’s assistance.
In light of the above parties being referred to Magistrate Judge Zimmerman and

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their continuing to address final settlement in good faith, they jointly stipulate and

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

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days from June 13, 2011, for a due date of July 13, 2011.

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Date: June 13, 2011

/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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SANDERS & PARKS P.C.

Date: June 13, 2011

HARNESS, DICKEY & PIERCE, PLC

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/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
Rudolph A. Telscher.
Date: June 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 24, 2011 order

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(Dkt. No. 258) granting relief from the Case Management Conference Scheduling Order
is extended an additional thirty (30) days from the current stipulated date of June 13,
2011 to July 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 July 13,
2011.

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Dated: 6/13/11

_______________________________________
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