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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1 2 3 4 5 6 7 8 9 10 11 United States District Court Northern District of California 12 13 14 15 16 17 18 19 1 IN THE UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA NORTHERN DISTRICT OF CALIFORNIA 3 OAKLAND DIVISION 4 CELLSPIN SOFT, INC., 5 6 ERIC ALLEN, Plaintiff, v. 7 Plaintiff, vs. GARMIN INTERNATIONAL, INC., and 8GARMIN USA, INC. OCWEN LOAN SERVICING, LLC, ET AL., 9 10 11 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 14 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, 16 Courthouse located at 1301 Clay Street in relating to United States Patent No. 9,258,698 (“the 1. All aspects of the litigation Oakland, California. Five (5) be severed prior separate case, and shall hearing, the a new cause 17 ’698 Patent”) shall business daysinto ato the date of the compliancebe assignedparties shall filenumber. 18 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, 19 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 20 regarding the failure to comply. If compliance is complete, the parties need not appear and the 20 Docket No. 100 in matter number 4:17-cv-05934-YGR. All future filings relating to the ’698 21 compliance hearing will be taken off calendar. 21 Patent shall be filed in the docket for the new to-be-assigned cause number. 22 Telephonic appearances will be allowed if the parties have submitted a joint statement in a 22 2. All remaining aspects of the litigation (4:17-cv-05934-YGR) shall proceed in 23 timely fashion. 23 accordance with the schedule and parameters to be ordered by this Court, and are not stayed. 24 This Order terminates Docket Number 20. 24 25 IT IS SO ORDERED. 25 ORDERED SO 26 26 27 Date: April September 18, 2018 Dated: 22, 2020 27 YVONNE GONZALEZ ROGERS 28 UNITED STATES DISTRICT COURT JUDGE 28 Order on Joint Motion to Sever and Stay Page 1

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