Hewlett-Packard Company v. Lexjet Corporation et al

Filing 17

ORDER GRANTING 16 REQUEST FOR FURTHER CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE, STIPULATED EXTENSION OF TIME TO RESPOND TO COMPLAINT. Case Management Conference set for 10/24/08 is CONTINUED to 12/5/2008 10:30 AM. Signed by Judge Jeremy Fogel on 10/2/08. (jflc2, COURT STAFF) (Filed on 10/2/2008)

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

HEATHER N. MEWES (CSB No. 203690) [e-mail] FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant HEWLETT-PACKARD COMPANY

**E-Filed 10/2/08**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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HEWLETT PACKARD COMPANY Plaintiff, v. LEXJET CORP., ET AL. Defendant.

CASE NO. C 08-02596 JF REQUEST FOR FURTHER CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE, STIPULATED EXTENSION OF TIME TO RESPOND TO COMPLAINT AND ------------------ ORDER [PROPOSED] Initial CMC: October 24, 2008

Plaintiff Hewlett Packard Company ("HP") submits this Request for Further Continuance of the Initial Case Management Conference scheduled for October 24, 2008. HP filed a complaint for patent infringement against Defendants Lexjet Corp. and LexJet Southern California, LLC on May 22, 2008. In its complaint, HP asserts that Defendants infringe two HP patents relating to ink-jet inks. In order to facilitate resolution of this matter, HP did not serve this complaint on Defendants until the last day for service, September 19, 2008. During this period, the parties were in active settlement negotiation. In order to further facilitate settlement negotiations, HP has also now stipulated to a 30-day extension of time for Defendants to respond to the complaint,
RQT. FOR CONTINUANCE OF INITIAL CMC CASE NO. C 08-02596 JF

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

such that a response would not be due until November 10, 2008. In light of the fact that the complaint has only recently been served, that Defendants' response would not be due until November 10, and that settlement negotiations are on-going, HP requests a second continuance of the Initial Case Management Conference scheduled for October 24, 2008, until at least December 5, 2008. An extension until December 5 would allow the parties to continue their settlement negotiations, would allow Defendants time to respond to the complaint and would allow the parties time to meet and confer pursuant to Rule 26(f). Dated: September 26, 2008 FENWICK & WEST LLP

By:

/s/ Heather N. Mewes

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26394/00409/SF/5241174.1

Attorney for Plaintiff HEWLETT PACKARD COMPANY

ORDER Having considered the above Second Request for Continuance of Case Management Conference and Stipulation and good cause appearing therefore: 1. Defendants' time to respond to the complaint is extended by 30-days to November

10, 2008. 2. The initial case management conference set for October 24, 2008, is vacated and

12/5/08 re-set for ____________________. IT IS SO ORDERED. DATED: 10/2/08

The Hon. Jeremy Fogel United States District Judge

RQT. FOR CONTINUANCE OF INITIAL CMC

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CASE NO. C 08-02596 JF