SAP America, Inc. v. Pi-Net International, Inc.

Filing 90

ORDER LIFTING STAY AND SETTING BRIEFING SCHEDULE. Signed by Judge Phyllis J. Hamilton on 12/3/2018. (pjhlc2S, COURT STAFF) (Filed on 12/3/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAP AMERICA, INC.,

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Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 13-cv-01248-PJH
ORDER LIFTING STAY AND SETTING
BRIEFING SCHEDULE

LAKSHMI ARUNACHALAM,
Defendant.

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This action has been stayed since October 15, 2013. On November 1, 2018, the

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court ordered plaintiff SAP America, Inc. and defendant Lakshmi Arunachalam to file a

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joint status statement addressing whether the stay should be lifted. The parties

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subsequently filed separate status statements. Having reviewed those status

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statements, the court finds that good cause exists to lift the stay and hereby does so.

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The clerk shall reopen the case.

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The court is also in receipt of two motions filed by the defendant. First, defendant

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moves for permission to file electronically. The motion is DENIED as moot because the

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court has previously granted the same request. See Dkt. 78. Second, on December 2,

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2018, while this action was still stayed, defendant filed a “Motion for Constitutional

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Redress and Damages and Summary Judgment for Patent Infringement,” with a January

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2, 2019 hearing. See Dkt. 89. That motion was untimely because the stay had not yet

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been lifted. The motion also violated L.R. 7-2(a) because defendant set it for hearing

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less than 35 days after it was filed.

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The court, however, does find that that the most efficient next step is for the

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parties to file summary judgment motions. Those motions shall be briefed in accordance

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with the following schedule:

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summary judgment, if any;

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January 23, 2019: Deadline for the parties to file any reply in
support of the summary judgment motions; and

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January 16, 2019: Deadline for the parties to file any oppositions to
the summary judgment motions;

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December 21, 2018: Deadline for plaintiff to file its motion for

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February 20, 2019: Hearing on the parties’ motions for summary
judgment in Courtroom 3, on the 3rd floor of the Federal Building,

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1301 Clay Street, Oakland, California. The court notes, however,

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United States District Court
Northern District of California

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that due to its schedule, it may vacate this hearing date and decide

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the motions on the papers.

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IT IS SO ORDERED.
Dated: December 3, 2018
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PHYLLIS J. HAMILTON
United States District Judge

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