E.I. Du Pont De Nemours and Company v. USA Performance Technology, Inc. et al

Filing 82

ORDER Extending Stay (The Clerk shall administratively close the case). Signed by Judge JEFFREY S. WHITE on 7/23/14. (jjoS, COURT STAFF) (Filed on 7/23/2014) Modified on 7/23/2014 (jjoS, COURT STAFF).

Case4:11-cv-01665-JSW Document81 Filed07/23/14 Page1 of 3

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GLYNN & FINLEY, LLP
CLEMENT L. GLYNN, Bar No. 57117
MORGAN K. LOPEZ, Bar No. 215513
JONATHAN A. ELDREDGE, Bar No. 238559
One Walnut Creek Center
100 Pringle Avenue, Suite 500
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]

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Attorneys for E. I. du Pont de Nemours and Company

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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E. I. DU PONT DE NEMOURS AND
COMPANY,

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Plaintiff,
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v.
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USA PERFORMANCE TECHNOLOGY,
INC., PERFORMANCE GROUP (USA),
INC., WALTER LIEW, and JOHN LIU,

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Defendants.
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Case No. 3:11-cv-01665-JSW
JOINT STATUS REPORT AND
[PROPOSED] ORDER EXTENDING
STAY OF ACTION
AND ADMINISTRATIVELY CLOSING CASE
Judge: Hon. Jeffrey S. White
Hearing Date: None

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Pursuant to the Court’s June 23, 2014 Order, Plaintiff E. I. du Pont de Nemours and

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Company (“DuPont”) and defendants Walter Liew and USA Performance Technology, Inc.

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(collectively “USAPT”) submit this Joint Status Report. The parties request that the stay in this

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matter set to expire on July 30, 2014, remain in place until resolution of the defense’s

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forthcoming appeal in the related criminal case, United States v. Walter Liew and Christina Liew,

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No. CR-11-0573-JSW.

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On April 6, 2011, DuPont filed the instant suit. (Docket # 1.) Defendants filed their

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Substituted Answer and Counterclaim on July 11, 2011. (Docket # 35.) The action was first

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stayed July 22, 2011 in light of the criminal prosecution. (Docket # 39.)

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-1JOINT STATUS REPORT AND [PROPOSED] ORDER EXTENDING STAY

Case4:11-cv-01665-JSW Document81 Filed07/23/14 Page2 of 3

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On August 23, 2011, the United States filed United States v. Walter Liew and Christina

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Liew, No. CR-11-0573-JSW. On February 7, 2012, the United States filed a superseding

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indictment in said action. (Id. at Docket # 64.) On March 12, 2013, the United States filed a

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Second Superseding Indictment. (Id. at Docket # 269.) On or about January 7, 2014, trial

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commenced in the criminal action. On March 5, 2014, the jury returned its verdict, finding Mr.

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Liew and USAPTI guilty of all counts with which they were charged. (Id. at Docket # 804.) Mr.

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Liew and USAPTI were sentenced by this Court on July10, 2014. (Id. at Docket # 891; see also

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id. at Docket # 893 (Judgment entered against Walter Liew); id. at Docket # 895 (Judgment

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entered against USAPTI).)

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The parties understand that the defense has engaged appellate counsel in the criminal

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action and intends to appeal the jury’s verdict. (Id. at Docket # 868 (associating Dennis Riordan

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as counsel for Walter Liew). Until the appeal is decided, the future course of this civil litigation

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cannot be determined. Accordingly, the parties respectfully request that the Court extend the stay

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in this action until the appeal in the criminal matter has concluded.

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Dated: July 23, 2014

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By /s/ Morgan K. Lopez
Attorneys for Plaintiff

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GLYNN & FINLEY, LLP
CLEMENT L. GLYNN
MORGAN K. LOPEZ
JONATHAN A. ELDREDGE
One Walnut Creek Center
100 Pringle Avenue, Suite 500
Walnut Creek, CA 94596

Dated: July 23, 2014

MOUNT SPELMAN & FINGERMAN P.C.
DANIEL S. MOUNT
KEVIN M. PASQUINELLI
RiverPark Tower, Suite 1650
333 West San Carlos Street
San Jose, CA 95110-2740
By /s/ Daniel S. Mount
Attorneys for Defendants USA Performance
Technology, Inc., and Walter Liew

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-2JOINT STATUS REPORT AND [PROPOSED] ORDER EXTENDING STAY

Case4:11-cv-01665-JSW Document81 Filed07/23/14 Page3 of 3

[PROPOSED] ORDER

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Having read and considered the Joint Status Report,

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IT IS ORDERED THAT:

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The parties’ request that the stay be extended until resolution of the appeal in United

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States v. Walter Liew and Christina Liew, No. CR-11-0573-RS is hereby GRANTED. Within 30

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days of the appeal’s resolution, counsel shall submit a joint status report so advising the Court
The Clerk shall administratively close this case.
and indicating how they intend to proceed.

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9 July ____, 2014
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Honorable Jeffrey S. White
UNITED STATES DISTRICT JUDGE

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-3JOINT STATUS REPORT AND [PROPOSED] ORDER EXTENDING STAY