U.S. Ethernet Innovations, LLC v. Acer, Inc. et al

Filing 752

ORDER by Judge Claudia Wilken Granting 751 Stipulation Changing Time to Respond re 735 Amended Complaint, Third Party Complaint. (ndr, COURT STAFF) (Filed on 5/14/2013)

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Robert A. Bleicher (Bar No. 111334)
Scott E. Atkinson (Bar No. 251996)
[e-mail]
CARR, McCLELLAN, INGERSOLL, THOMPSON & HORN

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Professional Law Corporation

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216 Park Road
P.O. Box 513
Burlingame, California 94011-0513
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Third-Party Defendant
PARALLEL TECHNOLOGY, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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U.S. ETHERNET INNOVATIONS, LLC,

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Plaintiff,

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v.

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ACER, INC., et al.,

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Case No. C 10-03724 CW (LB)
STIPULATED REQUEST FOR ORDER
CHANGING TIME TO RESPOND TO
BROADCOM’S THIRD PARTY
COMPLAINT AGAINST PARALLEL
TECHNOLOGY, LLC

Defendants.

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and

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ATHEROS COMMUNICATIONS, INC.,
et al.,

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Intervenor,
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40169-00001\iManage\4493558.3

Stipulated Request for Order Changing Time to
Respond to Third Party Complaint
C 10-03724 CW (LB)

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WHEREAS Intervenor Broadcom Corporation (“Broadcom”) filed a First Amended

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Complaint in Intervention and Third-Party Complaint Against Parallel Technology, LLC on April

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18, 2013 (Docket No. 735) (the “Third Party Complaint”);

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WHEREAS Parallel Technology, LLC (“Parallel”) was served with the Third Party
Complaint on April 29, 2013;

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WHEREAS Parallel recently retained Carr, McClellan, Ingersoll, Thompson & Horn

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Professional Law Corporation (“Carr”) to represent it in this action, more than a week after

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Parallel was served;

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WHEREAS Carr needs time to review the state of the voluminous docket in this matter
before responding to the Third Party Complaint;

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WHEREAS counsel at Carr has pre-paid travel arrangements between now and the
currently scheduled deadline to respond to Broadcom’s Third Party Complaint;

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WHEREAS BROADCOM AND PARALLEL HEREBY STIPULATE that Parallel shall
have until May 30, 2013 to respond to Broadcom’s Third Party Complaint.

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WHEREAS the Court’s April 18, 2013 Order requests that any motions to dismiss be
noticed “to the extent possible” to be heard on June 27, 2013;

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WHEREAS the Local Rules provide for a 35 day notice period on noticed motions;

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THEREFORE, Broadcom and Parallel request a stipulated order changing the time to

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permit Parallel to have until May 30, 2013 to respond to Broadcom’s Third Party Complaint, and,

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in the event that Parallel files a motion in response, permitting Broadcom to have until June 13,

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2013 to oppose, and permitting Parallel to have until June 20, 2013 to reply to Broadcom’s

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opposition. Broadcom and Parallel further request that the Court, if it so wishes, waive the 35-

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day notice period provided by Local Rule such that it may hear any such motion on June 27,

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2013.

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Stipulated Request for Order Changing Time to
Respond to Third Party Complaint
C 10-03724 CW (LB

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Dated: May 13, 2013

WILMER CUTLER PICKERING HALE AND
DORR

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By:

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Dated: May 13, 2013

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/s/
Jason H. Liss
Attorneys for Intervenor
BROADCOM CORPORATION

CARR, McCLELLAN, INGERSOLL,
THOMPSON & HORN
Professional Law Corporation

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By:

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/s/
Scott E. Atkinson
Attorneys for Third-Party Defendant
PARALLEL TECHNOLOGY, LLC

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Filer’s Attestation: Pursuant to General Order No. 45, § X(B), I attest that concurrence in

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the filing of this document has been obtained from all signatories.

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Dated: May 13, 2013

/s/
Scott E. Atkinson

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PURSUANT TO STIPULATION, IT IS SO ORDERED, except: Parallel has until May

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30, 2013 to respond to Broadcom’s Third Party Complaint, and, in the event that Parallel files a

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motion in response, Broadcom has until June 11, 2013 to oppose, Parallel has until June 17,

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2013 to reply to Broadcom’s opposition; and the motion will be hear on June 27, 2013.

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May 14
Dated: ____________________, 2013

United States District Court Judge

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Stipulated Request for Order Changing Time to
Respond to Third Party Complaint
C 10-03724 CW (LB