Altis Semiconductor, SNC v. Qimonda Licensing, LLC, et al

Filing 13

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 12 Letter filed by Altis Semiconductor, SNC. Joint Case Management Statement due by 11/1/2012. Initial Case Management Conference set for 11/8/2012 02:00 PM. Signed by Judge Phyllis J. Hamilton on 8/28/12. (nah, COURT STAFF) (Filed on 8/28/2012)

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August 24, 2012
BY CM/ECF
The Honorable Phyllis J. Hamilton
United States District Court Northern District of California
1301 Clay Street, Courtroom 3 - 3rd Floor
Oakland, CA 94612
Re: Altis Semiconductor SNC v. Qimonda Licensing LLC., et al., Case No.: 12-cv-3227
Dear Judge Hamilton:
Pursuant to this Court’s Order Setting a Case Management Conference issued on July 6,
2012, Plaintiff Altis Semiconductor SNC respectfully requests a continuance of the Case
Management Conference which is currently scheduled for September 6, 2012.
In this case there are three defendants: Qimonda Licensing LLC, Qimonda AG, and
Qimonda North America Corp. Plaintiff served Defendant Qimonda Licensing LLC on
August 15, 2012 and filed a proof of service with the Court on August 21, 2012. However,
Defendant Qimonda AG, which filed for insolvency in Germany on January 23, 2009, has
through U.S. counsel for its bankruptcy administrator, informed Plaintiff of its position that (i)
Qimonda AG’s insolvency proceeding in Germany has been recognized under Chapter 15 of the
Bankruptcy Code in the Eastern District of Virginia; (ii) and all claims against Qimonda AG in
this case should be subject to an automatic stay under 11 U.S.C. § 362. Plaintiff also
understands that defendant Qimonda North America is involved in a separate bankruptcy
proceeding in the District of Delaware.
Plaintiff disagrees with Qimonda AG’s position as to the application of automatic stay,
but has refrained from completing service on the two bankrupt entities in this action because of
the potential application of the stay.

PALOALTO 141058 (2K)

The Hon. Phyllis J. Hamilton
August 24, 2012

Plaintiff is presently engaged with counsel for Qimonda AG’s foreign bankruptcy
administrator on the most expeditious way to resolve the dispute regarding the application of the
automatic stay to this case. Pending such a resolution, good cause exists to reschedule the Case
Management Conference to a later date in October 2012.

Dated: August 24, 2012

Respectfully submitted,
WHITE & CASE LLP
By:

/s/ Bijal V. Vakil
Bijal V. Vakil

Attorney for Plaintiff
Altis Semiconductor SNC
cc: Clerk of Court (by CM/ECF)

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CONTINUED TO 11/8/12 AT 2:00 PM.

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