In Re: ATI Technologies HDCP Litigation

Filing 128

STIPULATION AND ORDER AS MODIFIED BY THE COURT re 127 Stipulation filed by Stanley Batsalkin. Discovery cut off set for 12/1/2008. Motion Hearing set for 2/23/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. This is the parties' last and final continuance. The Case Management Conference set for 10/6/2008 is VACATED. Signed by Judge James Ware on 10/2/2008. (ecg, COURT STAFF) (Filed on 10/2/2008)

Case 5:06-cv-01303-JW

Document 127

Filed 09/29/2008

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ORDERED IT IS SO AS MODIFIED

David C. Parisi, Esq. (SBN 162248) Suzanne Havens Beckman (SBN 188814) PARISI & HAVENS LLP 15233 Valleyheart Drive Sherman Oaks, California 91403 [phone] (phone) [phone] (facsimile) [e-mail] [e-mail]

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11 Co-Lead Counsel for Plaintiffs 12 13 14 15 In Re ATI Tech. HDCP Litigation 16 17 18 19 20 21 22 23 24 25 26 27 28
Stipulation and [Proposed] Order re Continuance to Allow Continued Settlemetn Discussions

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN JOSE DIVISION

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Case No.: 5:06-CV-01303-JW
STIPULATION AND [PROPOSED] ORDER RE CONTINUANCE OF CLASS CERTIFICATION BRIEFING SCHEDULE TO ALLOW PARTIES TO CONTINUE SETTLEMENT DISCUSSIONS (CIVIL LOCAL RULE 6-2)

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Scott A. Kamber, Esq. (pro hac vice) 1 KAMBEREDELSON, LLC nd 2 11 Broadway, 22 Floor New York, New York 10004 3 [phone] (phone) [phone] (facsimile) 4 [e-mail]

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Case 5:06-cv-01303-JW

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WHEREAS, on June 10, 2008, the parties participated in a Settlement Conference before

2 Magistrate Judge Richard Seeborg (Docket Item No. 119); 3 4 WHEREAS, on June 12, 2008, the parties participated in a further mediation session

5 without the assistance of a mediator; 6 7 WHEREAS, the parties believed that their settlement discussions were productive and

8 jointly requested that Mag. Judge Seeborg preside over a further mediation session; 9 10 WHEREAS, the parties appeared before Mag. Judge Seeborg at a full day Settlement

11 Conference on July 15, 2008 (Docket Item No. 122); 12 13 WHEREAS, the settlement discussions have been productive and the parties believe that it

14 would be more effective to continue their settlement discussions rather than litigating at this time; 15 16 WHEREAS, this Court entered an Order dated February 27, 2008, which set a hearing on

17 Plaintiffs' Motion for Class Certification for September 9, 2008 at 9:00 a.m. (Docket Item No. 18 101); 19 20 WHEREAS, this Court entered an Order on May 14, 2008, which continued the discovery

21 cut-off to July 3, 2008 (Docket Item No. 118); 22 23 WHEREAS, this Court entered an Order dated April 1, 2008, which required that Plaintiffs

24 file any renewed motion for class certification on or before July 15, 2008, that Defendants file any 25 opposition on or before August 14, 2008, and that Plaintiffs file any reply on or before August 26, 26 2008 (Docket Item No. 105); 27 28
Stipulation and [Proposed] Order re Continuance to Allow Further Settlement Discussions

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Case 5:06-cv-01303-JW

Document 127

Filed 09/29/2008

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WHEREAS, this Court entered an Order dated July 30, 2008, which (1) continued the

2 discovery cut-off to September 30, 2008, (2) required that Plaintiffs file any renewed motion for 3 class certification on or before October 10, 2008, (3) required that Defendants file any opposition 4 on or before November 10, 2008, that Plaintiffs file any reply on or before November 24, 2008, and 5 (4) required that a hearing on the motion for class certification be held on December 8, 2008 at 6 9:00 a.m. (Docket Item No. 125.) 7 8 WHEREAS, the parties believe that the settlement discussions have been productive and

9 the parties are better served focusing their efforts on settlement discussions rather than litigation at 10 this time; 11 12 THEREFORE, the parties, through their respective counsel, hereby stipulate and jointly

13 request that the Court order as follows: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Stipulation and [Proposed] Order re Continuance to Allow Further Settlement Discussions

1.

The discovery cut-off be extended to December 1, 2008 to complete discovery properly served as of June 10, 2008;

2.

Plaintiffs shall file any renewed motion for class certification, and all evidence in support of such motion, on or before December 22, 2008;

3.

Defendants shall file any opposition to the renewed motion for class certification, and all evidence in support of such motion, on or before January 22, 2009;

4.

Plaintiffs shall file any reply memorandum in support of the renewed motion for class certification on or before February 9, 2009; and

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Case 5:06-cv-01303-JW

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Plaintiffs' Motion for Class Certification pursuant to Federal Rule of Civil Procedure 23 shall be heard on February 16, 2009 at 9:00 a.m., or as soon thereafter as shall be set by the Court on its hearing calendar.

5 Dated: September 29, 2008 6 7 8 9 10 11 12 13 14 15 16 Dated: September 29, 2008 17 18 19 20 21 22 23 24 25 26 27 28

By:

s/David C. Parisi

Scott A. Kamber KAMBEREDELSON, LLC 11 Broadway, 22d Floor New York, NY 10004 [phone] [e-mail] David C. Parisi Suzanne Havens Beckman PARISI & HAVENS LLP 15233 Valleyheart Drive Sherman Oaks, CA 91403 [phone] (phone) [phone] (facsimile) [e-mail] Co-Lead Counsel for Plaintiffs LATHAM & WATKINS LLP Margaret M. Zwisler (pro hac vice) Charles H. Samel Charles W. Cox By: __s/Charles W. Cox (email approved 9/29/2008)_ Charles W. Cox Attorneys for Defendants ATI Technologies Inc., ATI Technologies Systems Corp., ATI Research Silicon Valley Inc., and ATI Research, Inc.

Stipulation and [Proposed] Order re Continuance to Allow Further Settlement Discussions

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Case 5:06-cv-01303-JW

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ORDER PURSUANT TO THE STIPULATION OF THE PARTIES, and good cause appearing

3 therefore, the Court orders as follows: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Stipulation and [Proposed] Order re Continuance to Allow Further Settlement Discussions

1.

The discovery cut-off shall be extended to December 1, 2008, 2008 to complete discovery properly served as of June 10, 2008;

2.

Plaintiffs shall file any renewed motion for class certification, and all evidence in support of such motion, on or before December 22, 2008;

3.

Defendants shall file any opposition to the renewed motion for class certification, and all evidence in support of such motion, on or before January 22, 2009;

4.

Plaintiffs shall file any reply memorandum to the renewed motion for class certification on or before February 9, 2009; and

5.

Plaintiffs' Motion for Class Certification pursuant to Federal Rule of Civil February 23, 2009 9:00 a.m., Procedure 23 shall be heard on February 16, 2009, atat 9 a.m. or as soon thereafter

as shall be set by the Court on its hearing calendar. This is the parties' last and final continuance. In light of this Order, the Court VACATES the Case Management Conference on October 6, 2008. IT IS SO ORDERED. October 2 Dated: ______________, 2008 The Honorable James Ware United States District Court Judge

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