Elan Microelectronics Corporation v. Apple, Inc.

Filing 58

STIPULATION AND ORDER MODIFYING TIME AND MANNER TO MEET AND CONFER REGARDING SETTLEMENT. Signed by Judge Joseph C. Spero on 1/22/10. (klh, COURT STAFF) (Filed on 1/26/2010)

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Case5:09-cv-01531-RS Document54 Filed01/20/10 Page1 of 4 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 Yitai Hu (SBN 248085) (yitai.hu@alston.com) Sean P. DeBruine (SBN 168071) (sean.debruine@alston.com) S.H. Michael Kim (SBN 203491) (michael.kim@alston.com) C. Augustine Rakow (SBN 254585) (augie.rakow@alston.com) ALSTON + BIRD LLP Two Palo Alto Square 3000 El Camino Real, Suite 400 Palo Alto, California 94306 Telephone: 650-838-2000 Facsimile: 650-838-2001 T. Hunter Jefferson (admitted pro hac vice) (hunter.jefferson@alston.com) ALSTON + BIRD LLP One Atlantic Center 1201 West Peachtree Street Atlanta, GA 30309-3424 Telephone: 404-881-7333 Facsimile: 404-253-8863 Attorneys for Plaintiff and Counterdefendant ELAN MICROELECTRONICS CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ELAN MICROELECTRONICS CORPORATION, Plaintiff, v. APPLE, INC., Defendant Case No. 5:09-cv-01531-RS STIPULATION AND [PROPOSED] ORDER MODIFYING TIME AND MANNER TO MEET AND CONFER REGARDING SETTLEMENT Date: February 11 Time: 9:30 Courtroom: Courtroom A, 15th Floor Judge: Hon. James C. Spero JURY TRIAL DEMANDED AND RELATED COUNTERCLAIMS STIPULATION & [PROPOSED] ORDER MODIFYING TIME AND MANNER TO MEET AND CONFER REGARDING SETTLEMENT Case No. 5:09-cv-01531 RS (JCS) Case5:09-cv-01531-RS Document54 Filed01/20/10 Page2 of 4 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 WHEREAS, according to the Court's Order at docket 46, a settlement conference is scheduled to take place on February 11, 2010, and the parties are to meet and confer in person on or before January 21, 2010 to discuss settlement; WHEREAS, the travel time necessary for representatives of Elan Microelectronics Corporation ("Elan") to travel from Taiwan to attend the meet and confer is considerable; WHEREAS, despite diligent effort, the parties were unable to find a mutually agreeable day and time to meet on or before January 21, 2010; WHEREAS, the parties have agreed to extend the date to meet and confer regarding settlement to January 28, 2010 if the Court so permits; and WHEREAS, the parties have further agreed and mutually believe they can meet and confer effectively via videoconference; NOW, THEREFORE, the parties hereby stipulate and ask the Court to order as follows: 1. The Order at docket 46 is modified to extend the deadline to meet and confer from January 21, 2010 to January 28, 2010; 2. 3. The principals of the parties may meet and confer via videoconference; No other aspect of the Court's Order at docket 46 is modified by this order. Respectfully Submitted, Dated: January 20, 2010 ALSTON + BIRD LLP By: /s/ Sean P. DeBruine Attorneys for Plaintiff ELAN MICROELECTRONICS CORPORATION Dated: January 20, 2010 By: WEIL, GOTHSAL & MANGES LLP /s/ Sonal N. Mehta Attorneys for Defendant APPLE, INC. STIPULATION & [PROPOSED] ORDER MODIFYING TIME AND MANNER TO MEET AND CONFER REGARDING SETTLEMENT 2 Case No. 5:09-cv-01531 RS (JCS) Case5:09-cv-01531-RS Document54 Filed01/20/10 Page3 of 4 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 STIPULATION & [PROPOSED] ORDER MODIFYING TIME AND MANNER TO MEET AND CONFER REGARDING SETTLEMENT [PROPOSED] ORDER PURSUANT TO STIPULATION IT IS SO ORDERED. S ISTRIC ES D TC AT T RT U O Jan. 22 Dated: ___________, 2010 ER N F D IS T IC T O R 3 Case No. 5:09-cv-01531 RS (JCS) A C LI FO Judge Jo seph C. Spero R NIA Hon. Joseph C. Spero UNITED STATES MAGISTRATE JUDGE NO UNIT ED RT H Case5:09-cv-01531-RS Document54 Filed01/20/10 Page4 of 4 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 STIPULATION & [PROPOSED] ORDER MODIFYING TIME AND MANNER TO MEET AND CONFER REGARDING SETTLEMENT LEGAL02/31721206v2 FILER'S ATTESTATION Pursuant to General Order No. 45, Section X (B) regarding signatures, I attest that concurrence in the filing of this document has been obtained from the signatory(ies) above. Respectfully Submitted, Dated: January 20, 2010 ALSTON + BIRD LLP By: /s/ Sean P. DeBruine Attorneys for Plaintiff ELAN MICROELECTRONICS CORPORATION 4 Case No. 5:09-cv-01531 RS (JCS)

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