Syscan, Inc. v. Plustek, Inc. et al

Filing 127

STIPULATION AND ORDER AS MOOT re 87 Stipulation. The stipulation is found as MOOT. The Court has issued its Order 125 on the parties' cross-motions for summary judgment. Signed by Judge James Ware on 12/30/2009. (ecg, COURT STAFF) (Filed on 12/30/2009)

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KLEIN, O'NEILL & SINGH, LLP

YUNG MING CHOU (NO. 172118) [e-mail] 39111 Paseo Padre Parkway, Suite 207 Fremont, CA 94538 Telephone: [phone] Facsimile: 510-713-8690 Attorney for Plaintiff SYSCAN, INC.

SANG N. DANG (NO. 214558) [e-mail] KLEIN, O'NEILL & SINGH, LLP 43 Corporate Park Suite 204 Irvine, CA 92606 Telephone: [phone] Facsimile: 949-955-1921 Attorneys for Defendants PLUSTEK INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

SYSCAN, INC., Plaintiff, vs. PLUSTEK INC. AND FUTUREWELL HOLDING LIMITED Defendants.

Case No. C 07-01603 JW STIPULATION REGARDING BRIEFING SCHEDULE FOR CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT AND [PROPOSED] ORDER AS MOOT

STIPULATION REGARDING BRIEFING SCHEDULE FOR CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT

Case No. C 07-01603 JW

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KLEIN, O'NEILL & SINGH, LLP

WHEREAS, pursuant to the Order Following Case Management Conference dated September 29, 2009 (Docket No. 86), the Court have set the hearing date for cross-motions for partial summary judgment for December 14, 2009 at 9:00 a.m., and have ordered the Parties to meet and confer to agree on and submit for the Court's approval a briefing schedule regarding the cross-motions for partial summary judgment. WHEREAS, the Parties, through their respective counsel of record, have met and conferred on September 30, 2009 to discuss the briefing schedule and other logistics relating to the cross-motions for partial summary judgment. NOW, THEREFORE, the Parties, through their respective counsel of record, hereby stipulate and respectfully request the Court to order a briefing schedule as follows:

PLEADING OR EVENT The Parties' Respective Cross-Motions for Partial Summary Judgment (last day to file) The Parties' Respective Oppositions to the Motions for Partial Summary Judgment (last day to file) The Parties' Respective Replies In Support of Cross-Motions for Partial Summary Judgment (last day to file) Hearing for Cross-Motions for Partial Summary Judgment // // // // // //
STIPULATION REGARDING BRIEFING SCHEDULE FOR CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT

DATE October 26, 2009 (49 days before the hearing date) November 9, 2009 (14 days after service of the motions, and 35 days before the hearing date) November 23, 2009 (14 days after service of opposition briefs, and 21 days before the hearing date) December 14, 2009 at 9:00 a.m.

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Case No. C 07-01603 JW

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KLEIN, O'NEILL & SINGH, LLP

Furthermore, due the numerous issues that would require briefing, the Parties, through their respective counsel of record, hereby stipulate and respectfully request the Court to order the following extension of page limitations for the respective briefs: BRIEFS Cross-Motions for Partial Summary Judgment Oppositions to the Motions for Partial Summary Judgment Replies In Support of Cross-Motions for Partial Summary Judgment PAGE LIMITATIONS Not to exceed 35 pages Not to exceed 35 pages

Not to exceed 20 pages

DATED: October 1, 2009 By /s/ Yung Ming Chou Yung Ming Chou Attorneys for Plaintiff SYSCAN, INC. DATED: October 1, 2009 KLEIN, O'NEILL & SINGH, LLP

By /s/ Sang N. Dang Sang N. Dang Attorneys for Defendants PLUSTEK INC. AND FUTUREWELL HOLDING LIMITED

STIPULATION REGARDING BRIEFING SCHEDULE FOR CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT

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Case No. C 07-01603 JW

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KLEIN, O'NEILL & SINGH, LLP

[PROPOSED] ORDER
The stipulation is found as MOOT. the Court has issued its Order on the parties' cross-motions for summary judgment It is so ORDERED. This (See Docket Item No. 125). December 30, 2009 DATED: _____________________

_____________________________________ U.S. DISTRICT JUDGE

STIPULATION REGARDING BRIEFING SCHEDULE FOR CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT

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Case No. C 07-01603 JW

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KLEIN, O'NEILL & SINGH, LLP

CERTIFICATE OF SERVICE I hereby certify that on October 1, 2009, I electronically filed the foregoing with the Clerk of the Court in compliance with Civil Local Rule 5-5(b) using the CM/ECF system which will send notification of the filing to all counsel of record. /s/ Sang N. Dang Sang N. Dang

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