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

Filing 43

STIPULATION AND ORDER to Enlarge Time for Venture Corporation Limited to Respond to Plaintiff's First Amended Complaint re 41 Stipulation. Response due 3/3/2009. Signed by Judge James Ware on 2/17/2009. (ecg, COURT STAFF) (Filed on 2/17/2009)

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WHITE & CASE LLP MATTHEW P. LEWIS (SBN 155516) DESIREE DESURRA (SBN 223605) J. JONATHAN HAWK (SBN 254350) 633 W. Fifth Street, Suite 1900 Los Angeles, CA 90071-2007 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Email: [e-mail] Attorneys for Defendant VENTURE CORPORATION LIMITED UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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, a New Jersey corporation; VENTURE CORPORATION LIMITED fka VENTURE MANUFACTURING (S) LTD., a Singapore corporation, Defendants.

Case No. CV-08-03248-JW STIPULATION TO ENLARGE TIME FOR VENTURE CORPORATION LIMITED TO RESPOND TO FIRST AMENDED COMPLAINT; AND [PROPOSED] ORDER THEREON

LOSANGELES 807002 (2K)

STIPULATION ENLARGING TIME FOR DEFENDANT VENTURE TO RESPOND TO FIRST AMENDED COMPLAINT; Case No. 2:08-CV-03248 JW

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Pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12, Plaintiffs AVAGO TECHNOLOGIES U.S., INC., AVAGO TECHNOLOGIES INTERNATIONAL SALES PTS. LIMITED, AVAGO TECHNOLOGIES JAPAN, LTD., and AVAGO TECHNOLOGIES CANADA CORPORATION ("Plaintiffs") and Defendant VENTURE CORPORATION LIMITED ("Venture"), hereby stipulate and agree that Venture may have a short extension of time to file its response to the First Amended Complaint, up to and including March 3, 2009. Plaintiffs served their First Amended Complaint on February 4, 2009, and Venture's response is currently due on February 20, 2009. Counsel for Venture requires additional time to consult with Venture, (located in Singapore and Malaysia), in order to determine the most appropriate response to the First Amended Complaint. This short extension of time should have no impact on the current schedule for the case. (N.D. Cal. Civ. R. 6-2(a)(2)). This extension is not sought for any bad faith reason or for purposes of delaying this action. The parties have not previously modified any of Venture's deadlines in this action. The parties stipulated to an enlargement of time for Defendant EMCORE CORPORATION ("Emcore") to file its responsive pleading to Plaintiffs' Complaint following the denial of Emcore's motion to dismiss. Pursuant to stipulation, signed by the Court on January 16, 2009, Emcore's responsive pleading is due 10 days following Plaintiffs filing of the First Amended Complaint. (N.D. Cal. Civ. R. 6-2(a)(2)). Plaintiffs received one enlargement of time to file the First Amended Complaint following the grant of Venture's motion to dismiss. Pursuant to stipulation, signed by the Court on January 23, 2009, Plaintiffs received until February 4, 2009 to file the First Amended Complaint. (N.D. Cal. Civ. R. 6-2(a)(2)).

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STIPULATION ENLARGING TIME FOR DEFENDANT VENTURE TO RESPOND TO FIRST AMENDED COMPLAINT; Case No. 2:08-CV-03248 JW

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IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel, that Venture shall have up to and including March 3, 2009, to respond to the First Amended Complaint. Dated: February 12, 2009 WHITE & CASE LLP

By:

/s/ J. Jonathan Hawk J. Jonathan Hawk Attorneys for Defendant VENTURE CORPORATION LIMITED

Dated: February 12, 2009

HOPKINS & CARLEY

By:

/s/ Erik P. Khoobyarian Erik P. Khoobyarian Attorneys for Plaintiffs AVAGO TECHNOLOGIES U.S., INC., AVAGO TECHNOLOGIES INTERNATIONAL SALES PTS. LIMITED, AVAGO TECHNOLOGIES JAPAN, LTD., and AVAGO TECHNOLOGIES CANADA CORPORATION

PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED. DATED:

February 17, 2009

Hon. James Ware United States District Judge

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STIPULATION ENLARGING TIME FOR DEFENDANT VENTURE TO RESPOND TO FIRST AMENDED COMPLAINT; Case No. 2:08-CV-03248 JW

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LOSANGELES 807002 (2K)

ATTESTATION OF J. JONATHAN HAWK I, J. Jonathan Hawk, am one of the attorneys of record for Defendant VENTURE CORPORATION LIMITED. I have obtained concurrence in the filing of this document from Erik P. Khoobyarian, attorney of record for Plaintiffs AVAGO TECHNOLOGIES U.S., INC., AVAGO TECHNOLOGIES INTERNATIONAL SALES PTS. LIMITED, AVAGO TECHNOLOGIES JAPAN, LTD., and AVAGO TECHNOLOGIES CANADA CORPORATION, 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). Dated: February 12, 2009 WHITE & CASE LLP

By:

/s/ J. Jonathan Hawk J. Jonathan Hawk Attorneys for Defendant VENTURE CORPORATION LIMITED

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STIPULATION ENLARGING TIME FOR DEFENDANT VENTURE TO RESPOND TO FIRST AMENDED COMPLAINT; Case No. 2:08-CV-03248 JW