AXL Musical Instruments Co., LTD. v. VHT Amplification, Inc.

Filing 35

ORDER VACATING HEARING ON MOTION FOR PRELIMINARY INJUNCTION; SETTING CASE MANAGEMENT CONFERENCE re 10 MOTION for Temporary Restraining Order. The hearing set for 11/20/2008 is VACATED. The Court orders the Clerk to terminate Defendants Motion for P reliminary Injunction. The Court also orders the Motion to Strike terminated since the subject matter is related to the Preliminary Injunction motion. The parties are to appear for a Case Management Conference set for 12/22/2008 10:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. The parties are to file joint case management conference statement on or before 12/12/2008. Signed by Judge James Ware on 11/19/2008. Motions terminated: 10 MOTION for Temporary Restraining Order; M OTION for Order to Show Cause; MOTION for Preliminary Injunction filed by VHT Amplification, Inc., 25 MOTION to Strike 21 Declaration in Support, 13 Declaration in Support, filed by AXL Musical Instruments Co., LTD. (ecg, COURT STAFF) (Filed on 11/19/2008)

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1 2 3 4 5 6 7 8 9 10 AXL Musical Instruments Co., Ltd., v. Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 08-03947 JW ORDER VACATING HEARING ON MOTION FOR PRELIMINARY INJUNCTION; SETTING CASE MANAGEMENT CONFERENCE / United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VHT Amplification, Inc., Defendants. On November 20, 2008, the parties are scheduled to appear for a hearing on Defendant's Motion for Preliminary Injunction. (See Docket Item No. 10.) On November 19, 2008, the Court received notice from Defendant's counsel that the parties are in settlement negotiations and wish to remove the November 20 hearing from the Court's calendar. Based on this representation, the Court VACATES the November 20 hearing on Defendant's Motion for Preliminary Injunction. In an effort to clear its docket, the Court orders the Clerk to terminate Defendant's Motion for Preliminary Injunction. Should Defendant wish, it may re-notice and re-file its Motion at a later time. In light of this Order, the Court also orders the Motion to Strike (Docket Item No. 25) terminated since the subject matter is related to the Preliminary Injunction motion. In addition, the Court directs the parties to appear for a Case Management Conference on December 22, 2008 at 10:00 a.m. On or before December 12, 2008, the parties shall file a Joint Case Management Statement pursuant to the terms of Civil Local Rule 16-9. Dated: November 19, 2008 JAMES WARE United States District Judge 1 2 3 4 5 6 7 8 9 10 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Clark S. Stone cstone@macpherson-kwok.com Edward Chungfan Kwok ekwok@macpherson-kwok.com Nicholas A. Carlin nac@phillaw.com Dated: November 19, 2008 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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