Netlist, Inc v. Smart Modular Technologies, Inc

Filing 256

ORDER RE: MOTIONS OF NON-PARTIES SMART STORAGE SYSTEMS, INC. AND SANDISK CORPORATION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION re 254 MOTION for Leave to File Motion for Reconsideration re 251 Document E-Filed Under Seal by Court Staff filed by Smart Storage Systems Inc. Signed by Judge Yvonne Gonzalez Rogers on 1/7/2015. (fs, COURT STAFF) (Filed on 1/7/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NETLIST INC,

Case No. 13-cv-05962-YGR

Plaintiff and Counter-Defendant,
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v.
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DIABLO TECHNOLOGIES, INC.,
Defendant and Counter-claimant.

ORDER RE: MOTION OF NON-PARTIES
SMART STORAGE SYSTEMS, INC. AND
SANDISK CORPORATION FOR LEAVE TO
FILE MOTION FOR RECONSIDERATION
Re: Dkt. No. 254

United States District Court
Northern District of California

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On January 6, 2015, non-parties SMART Storage Systems, Inc. (“SMART Storage”) and

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SanDisk Corporation (“SanDisk”) filed a motion for leave to file a motion for reconsideration

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(Dkt. No. 254), which it shortly thereafter requested to be locked and deleted since it was not filed

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under seal (Dkt. No. 255). The Court is inclined to permit these non-parties to seek

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reconsideration of the Court’s Order currently filed under seal at Dkt. No. 251 (“Injunction

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Order”), on the limited issued of whether the Injunction Order should be amended to exclude from

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its scope the existing inventory of Diablo’s integrated circuits already in the possession of

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SMART Storage and/or SanDisk.1 The Court therefore ORDERS:

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(1) SMART Storage and SanDisk shall serve a copy of the motion currently locked on the
docket at Dkt. No. 254 on all parties to this action;
(2) any response to the motion for reconsideration shall be file no later than 12:00 noon on
Friday, January 9, 2015;

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The Court will also amend the Injunction Order to correct the caption and party
references to reflect that SMART Storage Systems, Inc. is not a party to this trade secrets case,
versus the patent case between the parties, Netlist, Inc. v. Smart Storage Systems, Inc. and Diablo
Technologies, Inc. 13-cv-5889 YGR.
The Clerk of the Court is directed to terminate Smart Storage Systems Inc. from the ECF
docket in this action (as both a defendant and counter-claimant), which information is in error.
The docket in this action should reflect that only Diablo Technologies is currently a defendant and
counter-claimant.

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(3) Diablo, SMART Storage, and SanDisk shall file a joint statement setting forth the

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status of their current contractual relationship, including the amount of inventory of Rush and Bolt

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chips, or products integrating those Rush and Bolt chips, that have been delivered to SMART

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Storage and/or SanDisk as of January 6, 2015, and the amounts yet to be delivered under any

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existing contractual relationship. The joint statement shall be filed no later than 12:00 noon on

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Friday, January 9, 2015.

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IT IS SO ORDERED.
Date: January 7, 2015

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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United States District Court
Northern District of California

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