Sorensen v. Lexar Media, Inc.

Filing 183

STIPULATION AND ORDER Granting 182 Joint MOTION to Continue CMC by one week (stipulated) filed by Jens Erik Sorensen. ***10/28/2011 Deadlines terminated. Joint Case Management Statement due by 10/28/2011. Case Management Conference set for 11/4/2011 10:00 AM in Courtroom 1, 5th Floor, San Jose. The parties are further ordered to provide a proposed order for all further requests of thisnature. Signed by Judge Edward J. Davila on 10/19/2011. (ecg, COURT STAFF) (Filed on 10/19/2011)

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R NIA

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SAN JOSE DIVISION
JENS ERIK SORENSEN, as Trustee of
SORENSEN RESEARCH AND
DEVELOPMENT TRUST,
Plaintiff
v.
LEXAR MEDIA, INC., a Delaware
corporation; and DOES 1 – 100,

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F
D IS T IC T O
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES DISTRICT COURT

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Davila

Attorneys for Defendant LEXAR MEDIA, INC.

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ER

w a rd J .

KEVIN KUDLAC (pro hac vice)
WEIL, GOTSHAL & MANGES LLP
700 Louisiana, Suite 1600
Houston, TX 77008
Telephone: [phone]

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J u d ge E

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JARED BOBROW, SBN 133712
WEIL, GOTSHAL & MANGES LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]

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ED
ORDER
T IS SO DIFIED
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AS MO

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Attorney for Plaintiff JENS ERIK SORENSEN,
as Trustee of SORENSEN RESEARCH
AND DEVELOPMENT TRUST

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S DISTRICT
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MELODY A. KRAMER, SBN 169984
KRAMER LAW OFFICE, INC.
9930 Mesa Rim Road, Suite 1600
San Diego, California 92121
Telephone [phone]

UNIT
ED

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Defendants.
_________________________________
and related counterclaims.

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Case No. 08cv00095 EJD
STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE BY
ONE WEEK & ORDER THEREON
November 4, 2011
Date: TBD
10:00 a.m.
Time: TBD
Courtroom 1, 5th Floor
Judge: The Hon. Edward J. Davila

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Plaintiff Jens Erik Sorensen, as Trustee of Sorensen Research and

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Development Trust (“Plaintiff”) is requesting a one-week continuance of the Case

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Management Conference scheduled for October 28, 2011 at 10:00 a.m. (see Doc.

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#179) for the following reasons:

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1.

Plaintiff’s counsel, Ms. Kramer, will be out-of-state for a preplanned

and unchangeable commitment from October 28-31, 2011;
2.

Counsel who will shortly be entering her appearance as additional

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counsel for Plaintiff, Patricia Shackelford, and was scheduled to appear on October

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28th, has not yet had her admission to the Northern District processed and therefore

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cannot yet enter her appearance in the case.
Defendant Lexar Media, Inc. (“Defendant”) is amenable to this scheduling
change and hereby stipulates to the requested continuance.

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RESPECTFULLY SUBMITTED this Tuesday, October 18, 2011,

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I, Melody Kramer, attest that concurrence in the filing of the document has

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been obtained from each of the signatories below, which shall serve in lieu of their

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signatures on the document.

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JENS ERIK SORENSEN, as Trustee of SORENSEN
RESEARCH AND DEVELOPMENT TRUST,
Plaintiff

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/s/ Melody A. Kramer
MELODY A. KRAMER, SBN 169984
9930 Mesa Rim Road, Suite 1600
San Diego, California 92121
Telephone [phone]

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LEXAR MEDIA, INC., Defendant

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_/s/ Jared Bobrow_______________
JARED BOBROW, SBN 133712
ii.

Case No. 08CV0095 EJD

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WEIL, GOTSHAL & MANGES LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
KEVIN KUDLAC (pro hac vice)
WEIL, GOTSHAL & MANGES LLP
700 Louisiana, Suite 1600
Houston, TX 77008
Telephone: [phone]

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ORDER
Good cause appearing therefore, the parties stipulation is GRANTED. The Case
Management Conference currently scheduled for October 28, 2011, is VACATED and rescheduled for November 4, 2011, at 10:00 a.m. The parties shall file a Joint Case
Management Statement on or before October 28, 2011.
The parties are further ordered to provide a proposed order for all further requests of this
nature.
IT IS SO ORDERED.
EDWARD J. DAVILA
United States District Judge

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iii.

Case No. 08CV0095 EJD

DECLARATION OF MELODY A. KRAMER

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I, MELODY A. KRAMER, declare:

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1.

I am not a party to the present action. I am over the age of eighteen. I

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have personal knowledge of the facts contained within the following paragraphs, and

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could and would competently testify thereto if called as a witness in a court of law.

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2.

At all times relevant herein I have been an attorney for Sorensen

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Research and Development Trust (“Sorensen”), Plaintiff in the above-captioned

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matter.

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3.

This declaration is made in support of the parties Stipulation to Continue

Case Management Conference by One Week.

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4.

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above, namely,

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a.

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The requested continuance is made for the reasons set forth in the Motion

I will be out-of-state for a preplanned and unchangeable

commitment from October 28-31, 2011;
b.

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Counsel who will shortly be entering her appearance as additional

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counsel for Plaintiff, Patricia Shackelford, and was scheduled to appear on October

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28th, has not yet had her admission to the Northern District processed and therefore

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cannot yet enter her appearance in the case.

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5.

I contacted Mr. Bobrow, counsel for Defendant Lexar Media, Inc.

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(“Defendant”), and he indicated Defendant’s willingness to agree to this scheduling

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change and join in a stipulation for the same.

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6.

Within the last year there has only been one request to modify time in this

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case was Plaintiff’s Motion to Shorten Time for Hearing on its Motion for Immediate Lift

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of Stay which was granted by the Court at Doc. #173.

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modification was in April 2010 wherein Plaintiff requested an expedited hearing date for a

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Motion to Reopen Case, which request was denied at Doc. #151.

The last prior request for time

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iv.

Case No. 08CV0095 EJD

7.

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The effect of the requested time modification to this case will be minimal in

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that the requested continuance is only by one week. Furthermore, the time modification

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will allow me, as lead counsel in this case, to be present for the Case Management

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Conference instead of another attorney who does not have as much familiarity with the

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case.

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SWORN TO UNDER PENALTY OF PERJURY on Tuesday, October 18, 2011 in San

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Diego, California.

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/s/ Melody A. Kramer
Melody A. Kramer, Esq.
Attorney for Plaintiff

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v.

Case No. 08CV0095 EJD

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PROOF OF SERVICE

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I, Melody A. Kramer, declare: I am and was at the time of this service working within in

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the County of San Diego, California. I am over the age of 18 year and not a party to the within

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action. My business address is the Kramer Law Office, Inc., 9930 Mesa Rim Road, Suite 1600,

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San Diego, California, 92121.

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On Tuesday, October 18, 2011 I served the following documents:

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE
BY ONE WEEK

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PERSON(S) SERVED

PARTY(IES) SERVED

METHOD OF
SERVICE

Jared Bobrow
Weil, Gotshal & Manges LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
[e-mail]

Lexar Media, Inc.

Email--Pleadings Filed
with the Court via
CM/ECF

Kevin Kudlac
Weil, Gotshal & Manges LLP
[e-mail]
700 Louisiana, Suite 1600
Houston, Texas 77002

Lexar Media, Inc.

Email--Pleadings Filed
with the Court via
CM/ECF

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(Personal Service) I caused to be personally served in a sealed envelope hand-delivered
to the office of counsel during regular business hours.
(Federal Express) I deposited or caused to be deposited today with Federal Express in a
sealed envelope containing a true copy of the foregoing documents with fees fully
prepaid addressed to the above noted addressee for overnight delivery.
(Facsimile) I caused a true copy of the foregoing documents to be transmitted by
facsimile machine to the above noted addressees. The facsimile transmissions were
reported as complete and without error.
(Email) I emailed a true copy of the foregoing documents to an email address
represented to be the correct email address for the above noted addressee.

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1.

Case No. 08CV0095 EJD

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(Email--Pleadings Filed with the Court) Pursuant to Local Rules, I electronically filed
this document via the CM/ECF system for the United States District Court for the
Southern District of California.
(U.S. Mail) I mailed a true copy of the foregoing documents to a mail address
represented to be the correct mail address for the above noted addressee.

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I declare that the foregoing is true and correct, and that this declaration was executed on Tuesday,

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October 18, 2011, in San Diego, California.

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/s/ Melody A. Kramer

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Melody A. Kramer

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Case No. 08CV0095 EJD