Netlist, Inc v. Smart Modular Technologies, Inc

Filing 363

ORDER GRANTING MOTION OF MCDERMOTT WILL & EMERY LLP TO WITHDRAW AS COUNSEL FOR DEFENDANT DIABLO TECHNOLOGIES, INC., AND CONTINUING COMPLIANCE RE: CASE STATUS by Judge Yvonne Gonzalez Rogers; granting 357 Motion to Withdraw as Attorney. Compliance hearing set Tuesday, 9/25/18 at 2:01pm is CONTINUED to Friday 10/19/18 at 9:01 am. Joint status report filed by 10/12/2018. (fs, COURT STAFF) (Filed on 9/19/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NETLIST, INC.,
Plaintiff,

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Northern District of California

United States District Court

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Case No.:13-cv-5889-YGR

vs.
SMART STORAGE SYSTEMS, INC., SANDISK
CORPORATION, AND DIABLO TECHNOLOGIES,
INC.,

ORDER GRANTING MOTION OF MCDERMOTT
WILL & EMERY LLP, TO WITHDRAW AS
COUNSEL FOR DEFENDANT DIABLO
TECHNOLOGIES, INC., AND
CONTINUING COMPLIANCE RE: CASE STATUS

Defendants.
The Court has received the motion of McDermott Will & Emery LLP to withdraw from

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representation of defendant Diablo Technologies Inc. in the above-captioned action, as well as the

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supplemental declaration of Daniel E. Alberti, filed September 5, 2018, in support of the motion.

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(Dkt. Nos. 357, 362.)

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The Court having read and considered the moving papers and supplemental papers, and all

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other matters relevant to the motion, and good cause appearing, the motion of McDermott Will &

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Emery LLP to withdraw from representation of defendant Diablo Technologies Inc. is GRANTED

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effective September 25, 2018. Counsel shall serve a copy of this Order and Notice upon Diablo’s

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bankruptcy trustee, Ernst and Young, Inc.

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The case is currently set for a compliance hearing on September 25, 2018, at 2:01 p.m.
regarding the status of inter partes review proceedings. The compliance hearing is CONTINUED to
Friday, October 19, 2018, at 9:01 a.m. Five business days prior to the compliance hearing,

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plaintiff Netlist Inc. and represented defendants Smart Storage Systems, Inc. and SanDisk, LLC
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shall file a joint status report regarding the status of the inter partes review proceedings, and next
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steps to be taken in light of unrepresented-defendant Diablo’s bankruptcy.
IT IS SO ORDERED.
Dated: September 19, 2018
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE