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

Filing 153

STIPULATION AND ORDER Granting Request to Modify Case Schedule re 151 Stipulation. ***Deadlines terminated re 108 Stipulation. Set/Reset Scheduling Deadlines: Close of All Discovery due by 9/26/2011. Last Date for Hearing Motions due by 11/21/20 11. Preliminary Pretrial Conference statement due 8/19/2011. Preliminary Pretrial Conference set for 8/29/2011 11:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware.. Signed by Judge James Ware on 3/24/2011. (ecg, COURT STAFF) (Filed on 3/24/2011)

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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 H OPKINS & C ARLEY ATTORNEYS AT LAW SAN JOSE John V. Picone III (State Bar No. 187226) jpicone@hopkinscarley.com Erik P. Khoobyarian (State Bar No. 226749) ekhoobyarian@hopkinscarley.com HOPKINS & CARLEY A Law Corporation The Letitia Building 70 South First Street San Jose, CA 95113-2406 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 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 COUNTERCLAIM. 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 EMCORE CORPORATION ("Emcore"), hereby request that the Court modify the current Case 000\686678.6 STIPULATED MODIFICATION OF CASE SCHEDULE, AND [PROPOSED] ORDER Case No. 08-CV-03248 JW STIPULATED MODIFICATION OF CASE SCHEDULE, AND [PROPOSED] ORDER Civ. L.R. 6-2 Civ. L.R. 16-10(c) CASE NO. 08-CV-03248 JW 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 H OPKINS & C ARLEY ATTORNEYS AT LAW SAN JOSE Schedule, 9-12, to extend each of the deadlines therein by not less than forty-five (45) days. The Court has previously modified the Case Schedule, most recently on September 9, 2010, Docket No. 108. The parties make this request based on the fact the parties have entered into settlement discussions. By moving the current deadlines, the parties will be able to direct their full attention to the negotiated resolution that would otherwise need to be spent preparing for upcoming trial deadlines, including expert-witness related deadlines. Avago and Venture are conducting settlement discussions directly through counsel and with the ultimate goal of reaching a negotiated resolution. Avago and Emcore are in the process of scheduling a formal mediation. The parties have agreed to mediate on April 26, 2011, and are working to secure a mediator for that day. In order to provide the parties with the time necessary to conduct a formal mediation and negotiate a resolution of the disputes, the parties respectfully request that the Court issue a further Modified Scheduling Order adjusting the Case Schedule, 9-12, by approximately, but not less than forty-five days, corresponding to the time between now and the mediation between Avago and Emcore, to better enable the parties to resolve their disputes. In the event they are unable to settle the case, the parties will thereafter resume their trial preparation efforts. SO STIPULATED. Dated: March 21, 2011 HOPKINS & CARLEY A Law Corporation By: /s/ Erik P. Khoobyarian 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 -2CASE NO. 08-CV-03248 JW 000\686678.6 STIPULATED MODIFICATION OF CASE SCHEDULE, AND [PROPOSED] ORDER 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 H OPKINS & C ARLEY ATTORNEYS AT LAW SAN JOSE Dated: March 21, 2011 WHITE & CASE LLP By: /s/ Matthew P. Lewis Matthew P. Lewis Attorneys for Defendant and Counterclaimant VENTURE CORPORATION LIMITED fka VENTURE MANUFACTURING (S) LTD. and Counterclaimant TECHNOCOM SYSTEMS SDN BHD Dated: March 21, 2011 REDENBACHER & BROWN, LLP By: /s/ John C. Brown John C. Brown Attorneys for Defendant EMCORE CORPORATION ATTESTATION OF ERIK P. KHOOBYARIAN I, Erik P. Khoobyarian, am one of the attorneys of record for Plaintiffs and Counter Defendants AVAGO TECHNOLOGIES U.S., INC., AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LIMITED, AVAGO TECHNOLOGIES JAPAN, LTD., and AVAGO TECHNOLOGIES CANADA CORPORATION. I have obtained concurrence in the filing of this document from John C. Brown, attorney of record for Defendant EMCORE CORPORATION; 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 his 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). /// /// 000\686678.6 STIPULATED MODIFICATION OF CASE SCHEDULE, AND [PROPOSED] ORDER -3CASE NO. 08-CV-03248 JW 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 H OPKINS & C ARLEY ATTORNEYS AT LAW SAN JOSE Dated: March 21, 2011 By: /s/ Erik P. Khoobyarian Erik P. Khoobyarian ORDER IT IS SO ORDERED. The Court finds good cause to extend the current case schedule. Accordingly, the Court modifies the current Case Schedule, dated September 9, 2010, Docket No. 108, 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) September 26, 2011 November 21, 2011 August 29, 2011 August 19, 2011 March 24, 2011 DATED: ________________________ _____________________________________ JAMES WARE United States District Judge 000\686678.6 STIPULATED MODIFICATION OF CASE SCHEDULE, AND [PROPOSED] ORDER -4CASE NO. 08-CV-03248 JW

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