Cellspin Soft, Inc. v. Garmin International, Inc. et al
Filing
103
ORDER ON JOINT MOTION TO SEVER AND STAY. Signed by Judge Yvonne Gonzalez Rogers on 4/22/2020. (fs, COURT STAFF) (Filed on 4/22/2020)
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United States District Court
Northern District of California
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IN THE UNITED STATES DISTRICT COURT
UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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CELLSPIN SOFT, INC.,
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ERIC ALLEN,
Plaintiff,
v.
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Plaintiff,
vs.
GARMIN INTERNATIONAL, INC., and
8GARMIN USA, INC.
OCWEN LOAN SERVICING, LLC, ET AL.,
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Defendants.
CASE NO. 18-cv-03734-YGR
Case No. 4:17-cv-05934-YGR
ORDER ON JOINT ASE MANAGEMENT
ORDER VACATING C MOTION TO
SEVER AND STAYETTING COMPLIANCE
CONFERENCE AND S
HEARING
Judge: Hon. Yvonne Gonzalez Rogers
Re: Dkt. No. 20
Defendants.
The Court has received parties’ stipulation to continue the September 24, 2018 case
management conference to November 26, 2018. (Dkt. No. Sever and Stay (the “Motion”) as filed
The Court, having considered the Joint Motion to 20.) In light of the information
12 Plaintiff Cellspin the Court VACATES the case management conference currently and Garmin USA,
by contained therein, Soft, Inc., and Defendants Garmin International, Inc., scheduled for
13 (collectively as “Garmin”), However, opinion that not allow the instant action to become
Inc. Monday, September 24, 2018. is of the the Court will the Motion is meritorious and should be
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stale or otherwise linger on the docket. Accordingly, the 4:17-cv-05934-YGR hearing for
granted. It is therefore ORDERED that Cause Number Court SETS a complianceis hereby severed,
15 follows: October 5, 2018 on the Court’s 9:01 a.m. calendar, in Courtroom 1 of the United States
as Friday,
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Courthouse located at 1301 Clay Street in relating to United States Patent No. 9,258,698 (“the
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All aspects of the litigation Oakland, California.
Five (5) be severed prior separate case, and shall hearing, the a new cause
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’698 Patent”) shall business daysinto ato the date of the compliancebe assignedparties shall filenumber.
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That eithercase,Jwhich TATEMENT outlining settlement efforts to date as well as the documents to be
new (a) a OINT S shall relate only to the claims and defenses exclusive to the ’698 Patent,
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shall exchanged and timing thereof; orin accordanceJOINT Sthe provisions of thisan explanation
be immediately STAYED (b) a one-page with TATEMENT setting forth Court’s Order at
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regarding the failure to comply. If compliance is complete, the parties need not appear and the
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Docket No. 100 in matter number 4:17-cv-05934-YGR. All future filings relating to the ’698
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compliance hearing will be taken off calendar.
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Patent shall be filed in the docket for the new to-be-assigned cause number.
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Telephonic appearances will be allowed if the parties have submitted a joint statement in a
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All remaining aspects of the litigation (4:17-cv-05934-YGR) shall proceed in
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timely fashion.
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accordance with the schedule and parameters to be ordered by this Court, and are not stayed.
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This Order terminates Docket Number 20.
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IT IS SO ORDERED.
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SO
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Date: April September 18, 2018
Dated: 22, 2020
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YVONNE GONZALEZ ROGERS
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UNITED STATES DISTRICT COURT JUDGE
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Order on Joint Motion to Sever and Stay
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