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

Filing 278

ORDER re 276 Joint MOTION Joint Status Report of 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 Orde filed by Emerging Markets Communications, Inc., Comtech EF Data Corporation, EMC Satcom Technologies, Inc., Applied Signal Technology, Inc.. Signed by Judge ARMSTRONG on 8/30/11. (lrc, COURT STAFF) (Filed on 8/30/2011)

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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]

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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Plaintiff,

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Case No. 09-CV-02180-SBA

APPLIED SIGNAL TECHNOLOGY, INC.

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 July 13, 2011 (Dkt. No. 268), plaintiff

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

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defendant Comtech EF Data Corp. (“Comtech”) and defendants Emerging Markets

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

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this joint status report on the progress of settlement.

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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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As previously reported to the Court, AST, Comtech, and EMC have spoken with

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Magistrate Judge Zimmerman regarding their remaining issues to finalize a settlement

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agreement. In recent weeks the parties have discussed new ways to resolve their

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remaining issues and are working in good faith towards finalizing the settlement

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agreement. The parties continue to work together and believe they are making progress

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towards finalizing their 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 fourteen

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days from August 27, 2011, for a due date of September 12, 2011.

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Date: August 29, 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: August 29, 2011

HARNESS, DICKEY & PIERCE, PLC

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/s/ Douglas A. Robinson
Rudolph A. Telscher
Douglas A. Robinson
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: August 29, 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 granting relief from the Case
Management Conference Scheduling Order an additional fourteen (14) days from the
current stipulated date of August 27, 2011 to September 12, 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 September 12, 2011.

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Dated: 8/30/11

_______________________________________
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