Talon Research, LLC v. Toshiba America Electronic Components, Inc. et al

Filing 128

ORDER by Judge Claudia Wilken Granting 127 Stipulation to Modify Case Management. (ndr, COURT STAFF) (Filed on 3/1/2013)

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David Martinez (SBN 193183)
[e-mail]
ROBINS, KAPLAN, MILLER & CIRESI L.L.P.
2049 Century Park East, Suite 3400
Los Angeles, CA 90067-3208
Telephone: [phone]
Facsimile: 310.229.5800
Attorneys for Plaintiff and Counterclaim
Defendant TALON RESEARCH, LLC.

Ryan C. Nier (SBN 243876)
[e-mail]
PAUL HASTINGS LLP
55 Second Street
Twenty-Fourth Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415.856.7100
Attorneys for Defendants and Counterclaim
Plaintiffs TOSHIBA AMERICA ELECTRONIC
COMPONENTS, INC.; and TOSHIBA
CORPORATION

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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TALON RESEARCH, LLC,
Plaintiff/Counterclaim
Defendant,

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v.
TOSHIBA AMERICA ELECTRONIC
COMPONENTS, INC.; TOSHIBA
CORPORATION,

Case No. 11-04819 CW
REQUEST and [OPPOSED PROPOSED]
ORDER TO MODIFY CASE MANAGEMENT
ORDER

Defendants/Counterclaim
Plaintiffs.

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WHEREAS, on June 6, 2012, the Court issued its Case Management Order;

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WHEREAS, on July 20, 2012, the Court entered an order modifying its Case Management

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Order;
WHEREAS, on October 17, 2012, the Court entered an order further modifying its Case
Management Order;
WHEREAS, on December 27, 2012, the Court entered an order further modifying its Case
Management Order;
WHEREAS, on January 16, 2013, the Court entered an order further modifying its Case
Management Order;
Case No. CV 11-04819 CW

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REQUEST AND [OPPOSED PROPOSED] ORDER
MODIFYING SCHEDULE

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WHEREAS, the parties’ Joint Claim Construction and Prehearing Statement is due on
February 27, 2013;

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WHEREAS, the parties have entered into a settlement agreement;

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WHEREAS, the parties must complete certain formalities to finalize the settlement

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agreement;
WHEREAS, given that only certain formalities need to be completed before the parties’

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settlement is effected and that the parties do not wish to unnecessarily expend resources, the

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parties believe that the Case Management Order should be further revised to delay claim

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construction activities and discovery by nine (9) weeks; and

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WHEREAS, the proposed change in dates does not otherwise affect summary judgment,
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the close of fact and expert discovery, the pre-trial conference, trial date or any other filing date
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with the Court;
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WHEREAS, Talon Research, LLC (“Talon”) presented a draft of this Stipulation to

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Defendants’ counsel, Steven Park, Robert Masters, and Ryan C. Nier (“Toshiba”) on Tuesday,

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February 26, 2013;

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WHEREAS, Toshiba did not respond to Talon’s presentation of this Stipulation on
Tuesday;
WHEREAS, Talon again requested Toshiba to respond to this Stipulation on Wednesday,
February 27, 2013.

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WHEREAS, Toshiba agreed to a one (1) week delay, but as of 4:40 P.M PST had not
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responded to Talon’s e-mail response, nor to Talon’s three telephonic requests to Steven Park,
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Robert Masters, and Ryan C. Nier, to reply to Talon’s response;
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THEREFORE, Talon respectfully jointly request that the case schedule be modified as set
forth below:

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Case No. CV 11- 04819 CW

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REQUEST AND [OPPOSED PROPOSED] ORDER
MODIFYING SCHEDULE

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Event
Joint claim
construction and
prehearing statement
(Patent L.R. 4-3)

Ordered Dates

Revised Dates

February 27, 2013

May 1, 2013

April 3, 2013

June 5, 2013

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Completion of claim
construction discovery
(Patent L.R. 4-4)

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WHEREAS, no other dates previously set by the Court are to be changed by this
Stipulation and Order.

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/s/ David Martinez
David Martinez, (SBN 193183)
[e-mail]
ROBINS, KAPLAN, MILLER & CIRESI L.L.P.
2049 Century Park East, Suite 3400
Los Angeles, CA 90067-3208
Telephone: [phone]
Facsimile: 310.229.5800

_
Ryan C. Nier (SBN 243876)
[e-mail]
PAUL HASTINGS LLP
55 Second Street
Twenty-Fourth Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415.856.7100

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ATTESTATION
In accord with the Northern District of California’s General Order No. 45, Section X(B), I
attest that concurrence in the filing of this document has been obtained from each of the other
signatories who are listed on the signature pages. I will maintain an executed copy of this
stipulation in our files that can be made available for inspection upon request.

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[PROPOSED] ORDER

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NOW THEREFORE, IT IS SO ORDERED.

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Case No. CV 11- 04819 CW

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REQUEST AND [OPPOSED PROPOSED] ORDER
MODIFYING SCHEDULE

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March 1, 2013
Dated: February ___, 2013

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________________________________
Hon. CLAUDIA WILKEN
UNITED STATES DISTRICT COURT JUDGE

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Case No. CV 11- 04819 CW

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REQUEST AND [OPPOSED PROPOSED] ORDER
MODIFYING SCHEDULE