Tokyo Electron Limited v. Spansion, Inc.

Filing 23

ORDER by Judge Whyte granting 19 Motion to Shorten Time.(rmwlc2, COURT STAFF) (Filed on 2/18/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On February 6, 2009, plaintiff Tokyo Electron Limited ("TEL") moved to proceed ex parte in their application for a right to attach order against Spansion, Inc. ("Spansion"). On February 10 the court denied the motion, finding that TEL had not showed that grievous harm or irreparable injury would occur if Spansion were given notice. On February 11, 2009, TEL moved again ex parte for an accelerated hearing. The court again denied the motion, finding no justification for permitting TEL to proceed ex parte. It now appears that Spansion has been properly served, though Spansion has yet to enter an appearance, and as of their last filing TEL states that they have not received any response from Spansion. v. SPANSION, INC., Defendants. TOKYO ELECTRON LIMITED, Plaintiff, No. C-09-00502 RMW ORDER GRANTING MOTION TO SHORTEN TIME IN WHICH TO HEAR APPLICATION FOR RIGHT TO ATTACH ORDER [Re Docket No. 19] IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION E-FILED on 02/18/09

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Spansion does appear to be having financial problems, and there is some indication that those problems are worsening. The court therefore grants TEL's motion to shorten time in which to hear the application for right to attach order. The parties shall appear for a hearing on the application at 9:00 a.m. on Friday, February 27, 2009. Spansion's shall file an opposition to the application for a right to attach order by Wednesday, February 25, 2009. TEL must serve Spansion with a copy of this order by Friday, February 20, 2009 by overnight mail at both of the following addresses:

C.T. Corporation Systems, on behalf of Spansion, Inc. 818 W. 7th Street, Los Angeles, CA 90017

ATTN: Legal Department Spansion, Inc. 915 DeGuigne Drive Sunnyvale, CA 94085

DATED:

02/18/09

RONALD M. WHYTE United States District Judge

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Notice of this document has been sent to: Counsel for Plaintiff: Daniel J. Herling [e-mail]

Process Receiver for Spansion, Inc.: C.T. Corporation Systems, on behalf of Spansion, Inc. 818 W. 7th Street, Los Angeles, CA 90017 Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.

Dated:

02/18/09

JAS Chambers of Judge Whyte

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