Powertech Technology Inc v. Tessera Inc

Filing 42

ORDER re 38 Granting Stipulation TO CHANGE TIME PURSUANT TO CIVIL LOCAL RULE 6-2. Signed by Judge Claudia Wilken on 04/29/2010. (ndr, COURT STAFF) (Filed on 4/29/2010)

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IRELL & MANELLA LLP
A Registered Limited Liability Law Partnership Including Professional Corporations

IRELL & MANELLA LLP MORGAN CHU, BAR NO. 70446 [e-mail] JONATHAN H. STEINBERG, BAR NO. 98044 [e-mail] JOSEPH M. LIPNER, BAR NO, 155735 [e-mail] KENNETH J. WEATHERWAX, BAR NO. 218612 [e-mail] 180 AVENUE OF THE STARS, SUITE 900 LOS ANGELES, CA 90067-4276 TELEPHONE: [phone] FACSIMILE: [phone] Attorneys for Defendant, Tessera, Inc. FOLEY & LARDNER LLP GEORGE C. BEST, BAR NO. 255555 [e-mail] GINA A. BIBBY, BAR NO. 242657 [e-mail] 975 PAGE MILL ROAD PALO ALTO, CA 94304-1013 TELEPHONE: [phone] FACSIMILE: [phone] FOLEY & LARDNER LLP KENNETH E. KROSIN, Pro hac vice [e-mail] LARRY L. SHATZER, Pro hac vice [e-mail] 3000 K STREET N.W., SUITE 600 WASHINGTON, DC 20007-5109 TELEPHONE: [phone] FACSIMILE: [phone] FOLEY & LARDNER LLP MICHAEL R. HOUSTON, Pro hac vice, [e-mail] 321 NORTH CLARK STREET, SUITE 2800 CHICAGO, IL 60654-5313 TELEPHONE: [phone] FACSIMILE: [phone] Attorneys for Plaintiff, Powertech Technology, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION POWERTECH TECHNOLOGY, INC. Plaintiff, v. TESSERA, INC. Defendant. Case No: CV 10-00945 CW JOINT STIPULATION AND ORDER (AS MODIFIED) TO CHANGE TIME PURSUANT TO CIVIL LOCAL RULE 6-2 [DECLARATION OF KENNETH WEATHERWAX FILED CONCURRENTLY HEREWITH] Date: May 13, 2010 Time: 2:00 p.m. Courtroom: Courtroom 2, 4th Floor
JOINT STIPULATION TO CHANGE TIME (CASE NO. 10-00945 CW)

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IT IS HEREBY STIPULATED by and between Plaintiff Powertech Technology, Inc. ("Plaintiff") and Defendant Tessera, Inc. ("Defendant"), by and through their counsel of record as follows: WHEREAS Defendant filed its Motion to Dismiss for Lack of Subject Matter Jurisdiction ("Motion") on April 1, 2010 (Docket # 14); WHEREAS Plaintiff filed its Opposition to Defendant's Motion ("Opposition") on April 22, 2010 (Docket # 33); WHEREAS the hearing on Defendant's Motion is noticed for May 13, 2010 at 2:00 p.m.; WHEREAS the current deadline for Defendant to file its Reply Brief in Support of Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction ("Reply") is April 29, 2010; WHEREAS pursuant to the parties' joint stipulation filed March 26, 2010 (Docket # 9), the deadline for responding to the complaint was extended by one week to April 5, 2010; WHEREAS pursuant to a stipulated order entered April 7, 2010 (Docket # 25), the deadline for Plaintiff to file its Opposition to Defendant's Motion was extended by one week to April 22, 2010, Defendant's deadline to file its Reply was accordingly moved one week to April 29, 2010, and the hearing on Defendant's Motion was continued to May 13, 2010; WHEREAS, the parties submit that it is in the interest of justice that the hearing on this motion not be delayed and, in particular, that it not be delayed later than May 13, 2010, which is the last day in the motion calendar in May that is available for a hearing under the Court's schedule; WHEREAS much of Defendant's counsel team have been and will be unavailable for most of the time between April 22, the date Plaintiff's Opposition was filed, and April 29, the date Defendant's Reply is currently due; including Mr. Chu, who has been and will be traveling in Europe, and Mr. Lipner, who has been and will be traveling and in depositions through at least April 27 in a case in which the discovery cut-off is April 30, and the remaining members of Defendants' counsel team, who must spend a significant portion of their time during the same -1JOINT STIPULATION TO CHANGE TIME (CASE NO. 10-00945 CW)

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IRELL & MANELLA LLP
A Registered Limited Liability Law Partnership Including Professional Corporations

period on numerous other time-critical matters that cannot be rescheduled, WHEREAS, these constraints on the availability of Defendants' counsel would be greatly alleviated by a two business day extension of Defendant's time to file its Reply to Plaintiff's Opposition, from April 29, 2010 to May 3, 2010; and WHEREAS the parties desire for the May 13, 2010 date set for the hearing on Defendant's Motion to remain unchanged; NOW, THEREFORE, pursuant to Civil Local Rule 6-2, the undersigned parties hereby stipulate and respectfully request the Court order as follows: 1. Defendant's Reply Brief in Support of Defendant's Motion to Dismiss for Lack of

Subject Matter Jurisdiction, currently due on April 29, 2010, shall be due on May 3, 2010.

-2JOINT STIPULATION TO CHANGE TIME (CASE NO. 10-00945 CW)

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IRELL & MANELLA LLP
A Registered Limited Liability Law Partnership Including Professional Corporations

SO STIPULATED.

Dated: April 26, 2010

Irell & Manella LLP By: /s/ Kenneth J. Weatherwax Kenneth J. Weatherwax Attorneys for Defendant Tessera, Inc.

Dated: April 26, 2010

Foley & Lardner LLP By: /s/ Gina A. Bibby* Gina A. Bibby Attorneys for Plaintiff Powertech Technology, Inc.

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. REPLY IS DUE AT 8:30 A. M. ON MAY 3RD.

Dated: April 29, 2010

The Honorable Claudia Wilken United States District Judge

* I, Kenneth J. Weatherwax, am the ECF user whose ID and password are being used to file this Stipulation. In compliance with General Order 45.X.B, I hereby attest that Gina A. Bibby has concurred in this filing.

-3JOINT STIPULATION TO CHANGE TIME (CASE NO. 10-00945 CW)