Capcom Co. LTD. et al v. The MKR Group, Inc.

Filing 65

ORDER re 64 Stipulation filed by The MKR Group, Inc. Stipulation Modified by the Court. Further Case Management Conference set for 1/7/2009 02:30 PM. Signed by Judge Richard Seeborg on 10/29/08. (rssec, COURT STAFF) (Filed on 10/29/2008)

1 2 3 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 THE MKR GROUP, INC., Counterclaim-Plaintiff and Third-Party Plaintiff, v. CAPCOM CO., LTD. and CAPCOM ENTERTAINMENT, INC., Counterclaim-Defendants, and CAPCOM U.S.A., INC., Third-Party Defendant. CAPCOM CO., LTD. and CAPCOM ENTERTAINMENT, INC., Plaintiffs, v. THE MKR GROUP, INC., Defendant.

*E-FILED 10/29/08*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Case No. 5:08-CV-00904 (RS) (MED) STIPULATION AND (PROPOSED) ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND STATEMENT DEADLINE MODIFIED BY THE COURT FILED ELECTRONICALLY

WHEREAS, on February 12, 2008, Capcom Co., Ltd. and Capcom Entertainment, Inc. (collectively, "Capcom") filed their Complaint for Declaratory Relief and the case was assigned to the Hon. Jeffrey S. White; WHEREAS, on May 15, 2008, MKR filed its Amended Answer, Counterclaims and
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND STATEMENT DEADLINE CASE NO. 5:08-CV-00904 (RS)(MED)

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Third Party Complaint; WHEREAS, on June 10, 2008, the matter was reassigned from Judge White to the Hon. Richard Seeborg; WHEREAS, on June 25, 2008, the Hon. Richard Seeborg held an Initial Case Management Conference, and in an Order dated June 25 and e-filed on June 26, 2008, ordered a further case management conference to be held on November 5, 2008 at 2:30 p.m. WHEREAS, on October 20, 2008, the Court posted its Order dated October 10, 2008, granting Capcom's Motion to Dismiss MKR's Counterclaims with prejudice; WHEREAS, counsel for the parties are currently in discussions with their respective clients regarding the impact of the Court's Order and the litigation, and would like additional time to continue those discussions before counsel can adequately report to the Court on the status of the case at a Case Management Conference; WHEREAS, the current deadline to file an updated joint case management is October 29, 2008 and the Case Management Conference is currently scheduled for November 5, 2008; and; IT IS HEREBY STIPULATED, CONSENTED AND AGREED TO by and between the parties that the deadline to submit an updated joint case management conference statement is December 3, 2008 and a further case management conference shall be held on December 10, 2008.

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND STATEMENT DEADLINE

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CASE NO. 5:08-CV-00904 (RS)(MED)

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Dated: October 29, 2008 SO STIPULATED AND AGREED:

FENWICK & WEST LLP

KENYON & KENYON LLP

By:

/s/ Rodger R. Cole ____ Rodger R. Cole (CSB NO. 178865)

By:

Attorneys for Plaintiffs and Counterclaimdefendants Capcom Co., Ltd. and Capcom Entertainment, Inc., and Third-Party Defendant Capcom U.S.A., Inc.

/s/ Philip J. McCabe Philip J. McCabe (CSB NO. 201092) Mark Yuan (CSB NO. 246146) Jonathan D. Reichman (Pro Hac Vice) Mimi K. Rupp (Pro Hac Vice) Attorneys for Defendant, CounterclaimPlaintiff and Third-Party Plaintiff THE MKR GROUP, INC

ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Philip J. McCabe, attest that concurrence in the filing of this document has been obtained from any signatories indicated by a "conformed" signature (/s/) within this e-filed document. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 29th day of October, 2008 at San Jose, California. KENYON & KENYON, LLP By: /s/ Philip J. McCabe____________ Philip J. McCabe Attorneys for THE MKR GROUP

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND STATEMENT DEADLINE

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CASE NO. 5:08-CV-00904 (RS)(MED)

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND STATEMENT DEADLINE

(PROPOSED) ORDER Pursuant to the above Stipulation, the deadline to submit an updated joint case management conference statement is extended to December 31, 2008 and a further case management conference shall be held on January 7, 2009 at 2:30 p.m. SO ORDERED:

Judge Richard Seeborg United States Magistrate Judge

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CASE NO. 5:08-CV-00904 (RS)(MED)