Zoltar Satellite Systems Inc., v. LG Electronics Mobile Communications Company et al

Filing 260

ORDER Closing Case re 259 Case Management Statement. The Court orders the Case Management Conference currently scheduled for 2/9/2009 is VACATED and that this case be closed by the Clerk of Court. Signed by Judge James Ware on 2/3/2009. (ecgS, COURT STAFF) (Filed on 2/4/2009)

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Attorneys for Plaintiff 8 ZOLTAR SATELLITE ALARM SYSTEMS, INC.

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ZOLTAR SATELLITE ALARM 13 SYSTEMS, INC., a Delaware corporation.

F D IS T IC T O R

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Case No. CV 06-00044 JW ORDER CLOSING CASE CASE MANAGEMENT STATEMENT

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Plaintiff,

MOTOROLA, INC., a Delaware 17 Corporation, et. al.,

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Defendants.

(Former) plaintiff Zoltar Satellite Alarm Systems, Inc. ("Zoltar") hereby submits this Case Management Statement, 1 in response to the Court's Order Setting Case Management Conference, dated January 9, 2009. Zoltar is pleased to report that, at this point, all of the defendants in this case, including Wherify Wireless, Inc. ("Wherify") have been dismissed.

This Case Management Statement is submitted unilaterally by Zoltar, rather than jointly with Wherify Wireless Inc., because, as is described in more detail herein, Wherify was dismissed from this case in 2005.

CASE MANAGEMENT STATEMENT

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CASE NO. CV 06-00044 JW

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SPENCER HOSIE (CA Bar No. 101777) [e-mail] BRUCE WECKER (CA Bar No. 078530) [e-mail] GEORGE F. BISHOP (CA Bar No. 89205) [e-mail] HOSIE RICE LLP 188 The Embarcadero, Suite 750 San Francisco, CA 94105 [phone] Tel. [phone] Fax

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Zoltar voluntarily dismissed its claims against Wherify without prejudice, by notice

2 dated September 29, 2005, and apologizes for any confusion over whether Wherify remained 3 as a party in this case. Wherify was dismissed while the portion of this case including 4 Wherify was still pending in the Eastern District of Texas, before that case was transferred to 5 6 7 8
this Court later in 2005. See Zoltar Satellite Alarm Systems, Inc. v. LG Electronics Mobile Comm. Co., et al, 402 F. Supp. 2d 731, 734, n.4 (E.D. Tex. 2005) (ordering transfer and noting "Zoltar voluntarily dismissed its claims against Wherify without prejudice"). A copy

9 of the notice of dismissal is attached here to as Exhibit A. 10
Thus, at this time, all claims and counterclaims with respect to all parties in this

11 action have been dismissed, and, so far as Zoltar is concerned, this action has been concluded 12 in its entirety. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
CASE MANAGEMENT STATEMENT

In light of the foregoing, Zoltar submits that there is no need for a further Case Management Conference. Zoltar would be glad, however, to answer any questions the Court may have. *** ORDER *** Dated: January 22, 2009 Respectfully submitted,

In light of Zoltar's representation, the Court orders the Case Management Conference currently _/s/ George F. Bishop________________ scheduled for February 9, 2009 VACATED and that this case be closed by the Clerk of Court. SPENCER HOSIE (CA Bar No. 101777) [e-mail] BRUCE WECKER (CA Bar No. 078530) Dated: February 3, 2009 __________________________________ [e-mail] JAMES RGE F. BISHOP (CA Bar No. 89205) GEO WARE United States District Judge [e-mail] HOSIE RICE LLP 188 The Embarcadero, Suite 750 San Francisco, CA 94105 [phone] Tel. [phone] Fax Attorneys for Plaintiff ZOLTAR SATELLITE ALARM SYSTEMS, INC.

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CASE NO. CV 06-00044 JW