Avago Technologies U.S., Inc et al v. Venture Corporation Limited

Filing 108

STIPULATION RE MODIFICATION OF CASE SCHEDULE re 107 Stipulation. The Court modifies the case schedule as follows: Close of All Discovery due by 8/8/2011. Last Date for Hearing Dispositive Motions due by 10/3/2011. Preliminary Pretrial Conference S tatement due 6/17/2011. Preliminary Pretrial Conference set for 6/27/2011 11:00 AM in Courtroom 8, 4th Floor, San Jose. *** Deadlines terminated re 87 Modified Scheduling Order. Signed by Judge James Ware on 9/9/2010. (ecg, COURT STAFF) (Filed on 9/9/2010)

Avago Technologies U.S., Inc et al v. Venture Corporation Limited

Doc. 108

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JOHN C. BROWN (State Bar # 195804) Email: [e-mail] GARY F. REDENBACHER (State Bar # 151637) Email: [e-mail] REDENBACHER & BROWN, LLP 580 California Street, Suite 1600 San Francisco, California 94104 Phone: [phone] Facsimile: [phone] Attorneys for Defendant, EMCORE CORPORATION

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA AVAGO TECHNOLOGIES U.S., INC., a Delaware corporation, AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED, AVAGO TECHNOLOGIES JAPAN, LTD., AVAGO TECHNOLOGIES CANADA CORPORATION, Plaintiffs, v. EMCORE CORPORATION, VENTURE CORPORATION LIMITED fka VENTURE MANUFACTURING (S) LTD., Defendants. AND RELATED COUNTERCLAIMS. Pursuant to Civil Local Rules 6-2 and 16-10(c), Plaintiffs and Counterdefendants AVAGO TECHNOLOGIES U.S., INC., AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED, AVAGO TECHNOLOGIES JAPAN, LTD., AVAGO TECHNOLOGIES CANADA CORPORATION ("Avago"), Defendant and Counterclaimant VENTURE CORPORATION LIMITED fka VENTURE MANUFACTURING (S) LTD. and Counterclaimant TECHNOCOM SYSTEMS SDN BHD ("Venture") and Defendant and Counterclaimant EMCORE CORPORATION ("Emcore"), hereby request that the Court set a further Case Management Conference to modify the Court's April 27, 2010 "Order Case No. 08-CV-03248 JW STIPULATION REQUESTING CASE OF RE: MODIFICATION MANAGEMENT CONFERENCE OR, IN CASE SCHEDULE THE ALTERNATIVE, MODIFICATION OF CASE SCHEDULE, AND [PROPOSED] ORDER Civ. L.R. 6-2 Civ. L.R. 16-10(c)

000\686678.3 STIPULATION REQUESTING CASE MANAGEMENT CONFERENCE CASE NO. 08-CV-03248 JW

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Modifying Scheduling Order." Alternatively, the parties request that the Court modify the current Case Schedule, ¶¶ 9-12, to extend each of the deadlines therein by approximately six (6) months. The parties make this request based on the fact that Emcore recently filed a Counterclaim, which the parties do not anticipate will be at issue until, at the earliest, two weeks prior to the close of discovery. Specifically, on August 9, 2010, the Court granted Emcore's Motion For Leave to File Counterclaim based on its claim of recently discovered evidence. Emcore filed the Counterclaim on August 10, 2010. Avago timely filed a Motion to Dismiss on September 3, 2010. Avago set a hearing for the motion on the earliest motion hearing date for which it could set a hearing, January 24, 2011. Per the operative Scheduling Order, preliminary pretrial conference statements are due on January 14, 2011, a pretrial conference is set for January 24, 2011, and discovery closes on February 7, 2011. As such, the Emcore Counterclaim will likely not be at issue until following the pretrial conference, or approximately the close of discovery, leaving the parties insufficient time to conduct discovery regarding the allegations in the Counterclaim. Further, Emcore represents that, even were it to initiate discovery regarding the Counterclaim allegations at this time, it may have insufficient time to conduct discovery regarding the Counterclaim allegations, particularly given that it believes that the important witnesses are in Singapore. As a result of the delay caused by the Counterclaim, the parties request that the Court either set a further Case Management Conference or issue a further Modified Scheduling Order extending the Case Schedule, ¶¶ 9-12, by approximately six months to enable the parties to conduct discovery regarding the Emcore Counterclaim. SO STIPULATED.

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CASE NO. 08-CV-03248 JW

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Dated: September 8, 2010

HOPKINS & CARLEY A Law Corporation

By: \s\ Erik P. Khoobyarian Attorneys for Plaintiffs and Counter-Defendants AVAGO TECHNOLOGIES U.S., INC., AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED, AVAGO TECHNOLOGIES JAPAN, LTD., AVAGO TECHNOLOGIES CANADA CORPORATION Dated: September 8, 2010 WHITE & CASE LLP

By: \s\ Matthew P. Lewis Attorneys for Defendant and Counterclaimant VENTURE CORPORATION LIMITED fka VENTURE MANUFACTURING (S) LTD. and Counterclaimant TECHNOCOM SYSTEMS SDN BHD

Dated: September 8, 2010

REDENBACHER & BROWN, LLP

By: \s\ John C. Brown Attorneys for Defendant and Counterclaimant EMCORE CORPORATION

ATTESTATION OF JOHN C. BROWN I, John C. Brown, am one of the attorneys of record for Defendant and Counterclaimant EMCORE CORPORATION. I have obtained concurrence in the filing of this document from Erik Khoobyarian, attorney of record for Plaintiffs and Counterdefendants AVAGO TECHNOLOGIES U.S., INC., AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED, AVAGO TECHNOLOGIES JAPAN, LTD., and AVAGO TECHNOLOGIES -3000\686678.3 STIPULATION REQUESTING CASE MANAGEMENT CONFERENCE
CASE NO. 08-CV-03248 JW

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CANADA CORPORATION; and from Matthew P. Lewis, attorney of record for Defendant and Counterclaimant VENTURE CORPORATION LIMITED fka VENTURE MANUFACTURING (S) LTD. and Counterclaimant TECHNOCOM SYSTEMS SDN BHD, which shall serve in lieu of their signature on the filed document. I have obtained and will maintain records to support this concurrence for subsequent production for the court if so ordered or for inspection upon request by a party until one year after final resolution of the action (including appeal, if any). /// /// Dated: September 8, 2010 By: \s\ John C. Brown ORDER IT IS SO ORDERED. A Case Management Conference is set for _____________, 2010, at _______ am/pm, in Courtroom 8. OR The Court finds good cause to extend the current case schedule beyond the February 7, 2011 discovery deadline. Accordingly, the Court modifies the current Case Schedule by six months as follows:

Close of All Discovery (¶ 9) Last Date for Hearing Dispositive Motions (¶ 10) Preliminary Pretrial Conference at 11 a.m. (¶ 12) Preliminary Pretrial Conference Statements (¶ 11) (Due 10 days before conference)

August 8, 2011 October 3, 2011 June 27, 2011 June 17, 2011

Except as the Case Schedule is modified herein, the content of the April 27, 2010 Modified Scheduling Order (Docket Item No. 87) remains in effect. September 9, 2010 DATED: ________________________ _____________________________________ JAMES WARE United States District Judge

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CASE NO. 08-CV-03248 JW