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

Filing 284

ORDER re 283 Joint MOTION for Extension of Relief from the Case Management Scheduling Conference Order and 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 10/12/11. (lrc, COURT STAFF) (Filed on 10/13/2011)

1
2
3
4
5
6
7
8
9
10
11
12
13

RICK N. BRYSON (pro hac vice)
[e-mail]
MICHELLE BREIT (Bar No. 133143)
[e-mail]
SANDERS & PARKS P.C.
3030 N. Third Street, Suite 1300
Phoenix, AZ 85012-3099
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff RAYTHEON APPLIED
SIGNAL TECHNOLOGY, INC. and Third-Party
Counterclaimant COMTECH EF DATA CORPORATION
JOHN ALLCOCK (Bar No. 98895)
[e-mail]
ANDREW P. VALENTINE (Bar No. 162094)
[e-mail]
DLA PIPER LLP (US)
2000 University Avenue
East Palo Alto, CA 94303
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff RAYTHEON APPLIED
SIGNAL TECHNOLOGY, INC.

14
15

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

16
17
18

APPLIED SIGNAL TECHNOLOGY, INC.
Plaintiff,

19
20
21
22
23

Case No. 09-CV-02180-SBA

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

24
25

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

26
1
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

1

Pursuant to the Joint Status Report dated September 26, 2011 (Dkt. No. 281),

2

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

3

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

4

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

5

this joint status report on the progress of settlement.

6

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

7

Magistrate Judge Zimmerman regarding their remaining issues to finalize a settlement

8

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

9

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

10

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

11

towards finalizing their settlement agreement.

12
13
14

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

15

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

16

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

17

weeks from October 10, 2011, for a due date of October 24, 2011.

18
19
20
21
22
23

Date: October 10, 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.

24
25
26
2
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

1
2
3
4
5

Date: October 10, 2011

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

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
3
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

1

DECLARATION OF CONSENT

2
3
4
5
6
7
8
9
10

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: October 10, 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

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
4
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

1

ORDER

2
3
4
5
6
7

Pursuant to stipulation, it is hereby ordered granting relief from the Case
Management Conference Scheduling Order an additional two weeks from the current
stipulated date of October 10, 2011 to October 24, 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 October 24, 2011.

8
9
10

Dated: 10/12/11

_____________________________________
SAUNDRA BROWN ARMSTRONG
JUDGE, UNITED STATES DISTRICT COURT

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
5
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