KLA-Tencor Corporation v. Murphy et al

Filing 93

STIPULATION AND ORDER 89 to Continue Hearing Date for Plaintiff's Motion for Partial Summary Judgment and to Extend the Deadline for Completion of Initial Disclosures and Case Management Conference:Case Management Conference set for 11/20/2009 10:30 AM. Motion Hearing set for 11/20/2009 09:00 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 10/26/09. (jg, COURT STAFF) (Filed on 10/26/2009)

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

UTTAM DHILLON (SBN 131773) FITZPATRICK HAGOOD SMITH & UHL LLP 2515 McKinney Avenue, Suite 1400 Dallas, Texas 75201 Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendant PETER HOOPER THOMAS P. MAZZUCCO (SBN 139758) AARON McCLELLAN (SBN 197185) MURPHY PEARSON BRADLEY & FEENEY 88 Kearny Street, 10th Floor San Francisco, California 94108 Tel: [phone] Fax: [phone] E-mail: [e-mail] E-mail: [e-mail] Attorneys for Defendant BRIAN MURPHY JAMES A. LASSART (SBN 40913) ROPERS, MAJESKI, KOHN & BENTLEY 201 Spear Street, Suite 1000 San Francisco, California 94105 Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendant RUIXIA CHEN

SAID KORDESTANI (SBN 186994) FARELLA BRAUN & MARTEL LLP Russ Building 235 Montgomery Street, 17th Floor San Francisco, California 94104 Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants RENWICK THOMPSON and INSPECSTAR, LLC CARLA B. OAKLEY (SBN 130092) RITA E. TAUTKUS (SBN 162090) AHREN C. HOFFMAN (SBN 250469) MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Street Tower San Francisco, California 94105-1596 Tel: [phone] Fax: [phone] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] Attorneys for Plaintiff KLA-TENCOR CORPORATION

*E-FILED - 10/26/09* UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION KLA-TENCOR CORPORATION, a Delaware corporation, Plaintiff, v. BRIAN MURPHY, RENWICK THOMPSON, PETER HOOPER, RUIXIA CHEN, and INSPECSTAR, LLC, a California limited liability company, Defendants. Case No. C 09-01922 RMW JOINT STIPULATION TO CONTINUE HEARING DATE FOR PLAINTIFF´S MOTION FOR PARTIAL SUMMARY JUDGMENT AND TO EXTEND THE DEADLINE FOR COMPLETION OF INITIAL DISCLOSURES AND CASE MANAGEMENT CONFERENCE AND [ ORDER Current Hearing Date: November 6, 2009 Current CMC Date: October 30, 2009 Courtroom: 6, 4th Floor Judge: Hon. Ronald M. Whyte
JOINT STIP TO CONTINUES HEARING DATE FOR PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND TO EXTEND CERTAIN DEADLINES AND [] 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 1.

STIPULATION Pursuant to Northern District Local Rules 7-12 and 16-2(e), Plaintiff KLA-Tencor

Corporation ("Plaintiff") and Defendants Brian Murphy, Renwick Thompson, Peter Hooper, Ruixia Chen, and InspecStar, LLC ("Defendants") (together as the "Parties") jointly submit this Stipulation to Continue Hearing Date for Plaintiff's Motion for Partial Summary Judgment, to Extend the Deadline for Completion of Initial Disclosures and Stipulation to continue the Initial Case Management Conference and [Proposed] Order. 2. On September 18, 2009, Plaintiff KLA-Tencor Corporation ("KT") filed a motion

for partial summary judgment. The Court was unavailable for a hearing on October 23, 2009. Therefore, the motion was noticed for hearing on the next available date, October 30, 2009. On October 15, 2009, on the Court's own motion, the Court continued the hearing date on the motion to November 6, 2009. Due to a scheduling conflict for counsel for Defendant Peter Hooper, the parties stipulate and hereby jointly request a continuance of the hearing on Plaintiff's Motion for Partial Summary Judgment to November 20, 2009. Additionally, in order to promote efficient case administration, the parties stipulated and hereby jointly request a continuance of the Initial Case Management Conference to November 20, 2009, and that the Joint Case Management Conference Statement and the Initial Disclosures will be due one week before the Initial Case Management Conference date. 3. The Parties therefore agree and respectfully request, provided that the Court can

accommodate the request, that the hearing on Plaintiff's Motion for Partial Summary Judgment be continued to November 20, 2009, that the Initial Case Management Conference should be continued to November 20, 2009, and that the Joint Case Management Conference Statement will be filed one week before the Initial Case Management Conference date.

2

JOINT STIP TO CONTINUES HEARING DATE FOR PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND TO EXTEND CERTAIN DEADLINES AND [] 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

Dated: October 22, 2009

MORGAN, LEWIS & BOCKIUS LLP

By /s/ Rita E. Tautkus Rita E. Tautkus Attorneys for Plaintiff KLA-TENCOR CORPORATION Dated: October 22, 2009 MURPHY PEARSON BRADLEY & FEENEY

By /s/ Jason E. Fellner Jason E. Fellner Thomas P. Mazzucco Attorneys for Defendant BRIAN MURPHY Dated: October 22, 2009 FARELLA BRAUN & MARTEL LLP

By /s/ Said Kordestani Said Kordestani Attorneys for Defendants RENWICK THOMPSON and INSPECSTAR, LLC Dated: October 22, 2009 FITZPATRICK HAGOOD SMITH & UHL LLP

By /s/ Uttam Dhillon Uttam Dhillon Attorneys for Defendant PETER HOOPER Dated: October 22, 2009 ROPERS, MAJESKI, KOHN & BENTLEY

By /s/ James A. Lassart James A. Lassart Attorneys for Defendant RUIXIA CHEN Pursuant to General Order No. 45, Section X(B) regarding signatures, I, Uttam Dhillon, attest that concurrence in the filing of this document has been obtained from each of the other 3
JOINT STIP TO CONTINUES HEARING DATE FOR PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND TO EXTEND CERTAIN DEADLINES AND [] 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

signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 22nd day of October, 2009, at Dallas, Texas. /s/ Uttam Dhillon Uttam Dhillon

4

JOINT STIP TO CONTINUES HEARING DATE FOR PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND TO EXTEND CERTAIN DEADLINES AND [] 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 10/26 Dated: ________________, 2009

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED as follows: 1. Plaintiff's Motion for Partial Summary Judgment filed in this matter, KLA-Tencor

Corporation v. Brian Murphy, et al., Case Number C 09-01922 RMW, is continued to November 20 __________________, 2009. 2. The Initial Case Management Conference in this matter is continued to

November 20 __________________, 2009. The Joint Case Management Conference Statement shall be filed seven days prior to the Case Management Conference date. 3. The deadline for completion of Initial Disclosures shall be due one week before

the Case Management Conference date. IT IS SO ORDERED.

________________________________ The Honorable Ronald M. Whyte United States District Court Judge

5

JOINT STIP TO CONTINUES HEARING DATE FOR PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND TO EXTEND CERTAIN DEADLINES AND [] ORDER