NXP Semiconductors USA, Inc. -v- LSI Corporation

Filing 260

STIPULATION AND ORDER to Change the Hearing Date on LSI/Agere's Motion for Sanctions under Civil L.R. 1-4 re 258 Stipulation (rslc1, COURT STAFF) (Filed on 2/13/2009) Modified docket to create linkage on 4/1/2009 (ecg, COURT STAFF).

1 MORGAN, LEWIS & BOCKIUS LLP MICHAEL E. MOLLAND, 2 CA Bar No. 111830 DANIEL JOHNSON, JR., CA Bar No. 57409 3 BRETT M. SCHUMAN, CA Bar No. 189247 HERMAN J. HOYING, CA Bar No. 257495 4 RYAN L. SCHER, CA Bar No. 244706 One Market, Spear Street Tower 5 San Francisco, CA 94105-1126 Tel: [phone] Fax: [phone] E-mail: [e-mail] 7 E-mail: [e-mail] E-mail: [e-mail] 8 E-mail: [e-mail] E-mail: [e-mail] 9 Attorneys for Plaintiff and CounterclaimDefendant NXP SEMICONDUCTORS USA, 10 INC. 11 12 13 14 15 16 17 18 vs.

IRELL & MANELLA LLP JONATHAN H. STEINBERG, CA Bar No. 98044 SAMUEL K. LU, CA Bar No. 171969 JASON G. SHEASBY, CA Bar No. 205455 C. MACLAIN WELLS, CA Bar No. 221609 ZACHARIAH SUMMERS, CA Bar No. 255284 1800 Avenue of the Stars, Suite 900 Los Angeles, CA 90067-4276 Tel: [phone] Fax: [phone] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] Attorneys for Defendant LSI CORPORATION and Defendant and Counterclaimant AGERE SYSTEMS, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NXP SEMICONDUCTORS USA, INC., Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CV-08-00775 (JW & RS) STIPULATION AND [PROPOSED] ORDER TO CHANGE THE HEARING DATE ON LSI/AGERE'S MOTION FOR SANCTIONS UNDER CIVIL L.R. 1-4

LSI CORPORATION d/b/a LSI LOGIC 19 CORPORATION, a Delaware Corporation, and AGERE SYSTEMS, INC., a Delaware 20 corporation, 21 22 23 AGERE SYSTEMS, INC., a Delaware corporation, 24 Counterclaimant, 25 vs. 26 NXP SEMICONDUCTORS USA, INC., 27 a Delaware corporation, 28 Counterclaim-Defendant.
STIP. AND PROPOSED ORDER TO CHANGE HEARING DATE ON LSI'S MOT. FOR SANCTIONS CASE NO. CV-08-00775 (JW & RS)

Defendants.

1

Defendants LSI Corporation and Agere Systems, Inc. (collectively, "LSI") and Plaintiff

2 NXP Semiconductors USA, Inc. ("NXP"), by and through their respective counsel, hereby submit, 3 pursuant to Civil L.R. 6-1(b), 6-2 and 7-12, this stipulated and agreed request that the Court move 4 the hearing date for LSI's Motion for Sanctions under Civil L.R. 1-4 from Wednesday, March 11, 5 2009 to Wednesday, February 25, 2009. 6 WHEREAS NXP filed a Motion for Legal Expenses under Fed. R. Civ. P. 37(a)(5)(A)

7 Pertaining to NXP's Motion to Compel LSI/Agere's Production of Documents Relating to U.S. 8 Patent No. 5,844,928 on January 15, 2009 in this matter and set such motion to be heard before 9 this Court on Wednesday, February 25, 2009; 10 WHEREAS LSI filed a Motion for Sanctions under Civil L.R. 1-4 in this matter on

11 February 4, 2009 and set such motion to be heard before this Court on Wednesday, March 11, 12 2009; 13 WHEREAS the Parties have fully briefed NXP's Motion for Legal Expenses under Fed. R.

14 Civ. P. 37(a)(5)(A) Pertaining to NXP's Motion to Compel LSI/Agere's Production of Documents 15 Relating to U.S. Patent No. 5,844,928 and are prepared to proceed with the hearing on 16 Wednesday, February 25, 2009; 17 WHEREAS LSI's Motion for Sanctions under Civil L.R. 1-4 will be fully briefed upon the

18 filing of NXP's Response Memorandum on February 18, 2009 and LSI's Reply Memorandum on 19 February 23, 2009 (if necessary); 20 WHEREAS the Parties would like their respective pending motions to be heard as quickly

21 as possible; 22 WHEREAS LSI has requested, and NXP does not object to, the hearing date on LSI's

23 Motion for Sanctions under Civil L.R. 1-4 being moved from March 11 to February 25 in order 24 that both Parties' motions may be heard on the same hearing date; 25 WHEREAS there have not been any previous modifications to the schedule for either of

26 the Parties' respective motions; 27 28 case.
STIP. AND PROPOSED ORDER TO CHANGE HEARING DATE ON LSI'S MOT. FOR SANCTIONS CASE NO. CV-08-00775 (JW & RS)

WHEREAS the requested time modification will have no effect on the schedule for the

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1 IT IS HEREBY STIPULATED AND AGREED: 2 Subject to the Court's approval, the hearing on LSI's Motion for Sanctions under Civil L.R.

3 1-4 shall be moved to February 25, 2009 to allow it to be heard on the same date as NXP's Motion 4 for Legal Expenses under Fed. R. Civ. P. 37(a)(5)(A) Pertaining to NXP's Motion to Compel 5 LSI/Agere's Production of Documents Relating to U.S. Patent No. 5,844,928. 6 7 Dated: February 12, 2009 8 9 10 11 I, Zachariah Summers, am the ECF User whose ID and password are being used to file this 12 STIPULATION AND [PROPOSED] ORDER. In compliance with General Order 45, X.B., I hereby attest that the signatory identified above has concurred in this filing. 13 14 Dated: February 12, 2009 15 16 17 18 19 By: /s/ Zachariah Summers Zachariah Summers Attorneys for Defendant LSI CORPORATION and Defendant and Counterclaimant AGERE SYSTEMS, INC. ORDER IRELL & MANELLA LLP By: /s/ Brett M. Schuman Brett M. Schuman Attorneys for Plaintiff NXP SEMICONDUCTORS USA, INC. MORGAN, LEWIS & BOCKIUS LLP

20 PURSUANT TO STIPULATION, IT IS SO ORDERED: 21 The hearing on LSI's Motion for Sanctions under Civil L.R. 1-4 shall be scheduled for

22 February 25, 2009 to allow it to be heard on the same date as NXP's Motion for Legal Expenses 23 under Fed. R. Civ. P. 37(a)(5)(A) Pertaining to NXP's Motion to Compel LSI/Agere's Production 24 of Documents Relating to U.S. Patent No. 5,844,928. 25 26 Dated: February ____, 2009 13 27 28
STIP. AND PROPOSED ORDER TO CHANGE HEARING DATE ON LSI'S MOT. FOR SANCTIONS CASE NO. CV-08-00775 (JW & RS)

________________________________ The Honorable Richard Seeborg United States Magistrate Judge

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