HDMI Licensing Administrator, Inc. v. Availink Inc.

Filing 15

ORDER (as modified) GRANTING 13 STIPULATION To Reschedule Case Management Conference And Extend Deadlines Pursuant To Local Rule 6-2.Initial Case Management Conference set for 4/25/2023 02:00 PM. The 4/25 proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conferenc e line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.. Signed by Judge Haywood S. Gilliam, Jr. on 1/17/2023. (ndr, COURT STAFF) (Filed on 1/17/2023)

Case 4:22-cv-06947-HSG Document 15 Filed 01/17/23 Page 1 of 4

1 EPSTEIN DRANGEL LLP
Peter J. Farnese (SBN 251204)
2 [e-mail]
11601 Wilshire Blvd., Suite 500
Los Angeles, California 90025
3 Telephone: [phone]
Facsimile: 310-388-1232
4
Jason M. Drangel
5 [e-mail]
Ashly E. Sands
6 [e-mail]
Kerry B. Brownlee
7 [e-mail]
60 East 42nd Street, Suite 1250
8 New York, NY 10165
Telephone: [phone]
Facsimile: 212-292-5391
9 Pro Hac Vice Applications Forthcoming
10 Attorneys for Plaintiff
HDMI Licensing Administrator, Inc.
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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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14 HDMI LICENSING ADMINISTRATOR, INC.,

CASE NO.: 4:22-cv-06947-HSG

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Plaintiff,

STIPULATED REQUEST AND
ORDER TO RESCHEDULE CASE
MANAGEMENT CONFERENCE AND
EXTEND DEADLINES PURSUANT
TO LOCAL RULE 6-2 (as modified)

Defendant.

Complaint Filed: November 7, 2022

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v.
AVAILINK INC.

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STIPULATED REQUEST TO RESCHEDULE AND EXTEND DEADLINES [N.D. CAL. L.R. 6-2]

Case 4:22-cv-06947-HSG Document 15 Filed 01/17/23 Page 2 of 4

1

Pursuant to Civil Local Rule 6-2, Plaintiff HDMI Licensing Administrator, Inc. (“Plaintiff” or

2 “HDMI LA”), through its counsel of record, and Defendant Availink Inc. (“Defendant” or “Availink”)
3 (collectively, the “Parties”), stipulate as follows:
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WHEREAS, Plaintiff’s Complaint was filed on November 7, 2022;

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WHEREAS, Defendant has agreed to waive formal service of the Summons and Complaint;

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WHEREAS, pursuant to the executed Waiver of Service of Summons, Defendant, which is

7 located outside of the United States, has ninety (90) days from the service of Plaintiff’s waiver request
8 on January 12, 2023 to file an answer or motion pursuant to Fed. R. Civ. P. 12 (i.e., up to and including
9 April 12, 2023);
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WHEREAS, pursuant to the Clerk’s Notice Setting Case Management Conference for

11 Reassigned Civil Case (Docket Entry No. 11), a Case Management Conference is set for February 14,
12 2023, with a Case Management Statement due by February 7, 2023;
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WHEREAS, the Parties are discussing whether or not this dispute can be resolved among them,

14 without further court involvement;
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WHEREAS, Defendant has not entered an appearance, has not yet retained local counsel, and

16 needs further time in order to do;
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WHEREAS, in order to promote efficiency and conserve the time and resources of the Parties,

18 and this Court, and permit the Parties further time to confer about their claims and defenses, the Parties
19 believe that just cause exists to postpone the Case Management Conference, and all deadlines flowing
20 therefrom, including the deadline for the Case Management Statement and the Stipulation and
21 Proposed Order form pertaining to Alternative Dispute Resolution, until after the deadline for
22 Defendant’s response to the Complaint;
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WHEREAS, neither of the Parties nor the Court will be prejudiced by the rescheduling of the

24 Case Management Conference, and dates flowing therefrom;
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WHEREAS, the Parties have not made any previous requests for an adjournment, any

26 extension of time, or other time modification; and
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WHEREAS, the proposed rescheduling of the Case Management Conference will not alter the

28 date of any event or other outstanding deadline other than those associated with, or flowing from, the
-1STIPULATED REQUEST TO RESCHEDULE AND EXTEND DEADLINES [N.D. CAL. L.R. 6-2]

Case 4:22-cv-06947-HSG Document 15 Filed 01/17/23 Page 3 of 4

1 Case Management Conference, because a scheduling order has not yet been entered, and no other dates
2 are currently fixed by the Court.
3

NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS HEREBY

4 STIPULATED by and between the Parties, pursuant to Local Rule 6-2 that the Case Management
5 Conference shall be adjourned to Tuesday, April 25, 2023 at 2 PM, or as soon thereafter as the Court’s
6 calendar will permit, and all deadlines associated with or flowing from the Case Management
7 Conference, including the submission of the Case Management Statement Stipulation and Proposed
8 Order form pertaining to Alternative Dispute Resolution seven calendar days before the Case
9 Management Conference, shall be adjusted accordingly.
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11 DATED: January 13, 2023
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EPSTEIN DRANGEL LLP
By:
s/ Peter J. Farnese
Peter J. Farnese
Jason M. Drangel
[e-mail]
Ashly E. Sands
[e-mail]
Kerry B. Brownlee
[e-mail]
60 East 42nd Street, Suite 2520
New York, NY 10165
Telephone: [phone]
Facsimile: 212-292-5391
Pro Hac Vice Applications Forthcoming
Attorneys for Plaintiff
HDMI Licensing Administrator, Inc.

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-2STIPULATED REQUEST TO RESCHEDULE AND EXTEND DEADLINES [N.D. CAL. L.R. 6-2]

Case 4:22-cv-06947-HSG Document 15 Filed 01/17/23 Page 4 of 4

ORDER

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Having read and considered the Stipulated Request to Reschedule Case Management

3 Conference and Extend Deadlines Pursuant to Local Rule 6-2 (“Stipulated Request”), and for good
4 cause shown, the Stipulated Request is approved. The Court orders that the schedule is amended as
5 follows:
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1. The Telephonic Case Management Conference shall be adjourned to Tuesday, April
25, 2023 at 2 PM; and

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2. All deadlines associated with or flowing from the Case Management Conference,

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including the submission of the Case Management Statement Stipulation and Proposed

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Order form pertaining to Alternative Dispute Resolution seven calendar days before the

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Case Management Conference, shall be adjusted accordingly.

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13 IT IS SO ORDERED.
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Date: 1/17/2023
Honorable Judge Haywood S. Gilliam, Jr.
United States District Judge

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-3STIPULATED REQUEST TO RESCHEDULE AND EXTEND DEADLINES [N.D. CAL. L.R. 6-2]