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

Filing 15

ORDER GRANTING REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE re 14 Letter filed by Altis Semiconductor, SNC. Joint Case Management Statement due by 1/24/2013. Case Management Conference set for 1/31/2013 02:00 PM. Signed by Judge Phyllis J. Hamilton on 10/23/12. (nah, COURT STAFF) (Filed on 10/23/2012)

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October 19, 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 second continuance of the Case
Management Conference which is currently scheduled for November 8, 2012.1
There are three defendants in this case: Qimonda Licensing LLC, Qimonda AG, and
Qimonda North America Corp. On August 15, 2012, Plaintiff served Defendant Qimonda
Licensing LLC and on October 18, 2012 Plaintiff served defendant Qimonda North America.
As indicated in Plaintiff’s letter to the Court on August 24, Defendant Qimonda AG filed
for insolvency in Germany on January 23, 2009 and has, through its bankruptcy administrator
Dr. Michael Jaffé, filed a Motion to Enforce and/or Apply the Automatic Stay in the U.S.
Bankruptcy Court for the Eastern District of Virginia. In re QIMONDA AG., Case No. 09-14766
(RGM) (Dkt. No. 673) (the “Motion”). In that Motion, Qimonda AG argued that (i) all claims
against Qimonda AG in this case should be subject to an automatic stay under 11 U.S.C. § 362;
and (ii) the automatic stay should be further extended to suspend actions against Qimonda AG’s
non-debtor affiliate Qimonda Licensing LLC.
Plaintiff opposed the Motion and an oral hearing was held on October 9, 2012 before the
Bankruptcy Court for the Eastern District of Virginia. A ruling on the Motion is pending.

1

On August 28, 2012, this Court granted Plaintiff’s request of continuance to move the CMC from September 6,
2012 to November 8, 2012. (Dkt. No. 13).

PALOALTO 142170 (2K)

The Hon. Phyllis J. Hamilton
October 19, 2012

Because of the dispute over the application of the automatic stay, no defendant has yet
appeared in this case. Accordingly, pending the Bankruptcy Court’s resolution on the issue of
automatic stay, good cause exists to reschedule the Case Management Conference to a later date
in January 2013.

Dated: October 19, 2012

Respectfully submitted,
WHITE & CASE LLP
By:

/s/ Bijal V. Vakil
Bijal V. Vakil

Attorney for Plaintiff
Altis Semiconductor SNC

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PALOALTO 142170 (2K)

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CASE MANAGEMENT CONFERENCE
IS CONTINUED TO 1/31/13 AT 2:00 PM.

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cc: Clerk of Court (by CM/ECF)

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