Mobile Storage Technology Inc v. Fujitsu Ltd. et al

Filing 56

STIPULATION AND ORDER TO CHANGE TIME PURSUANT TO CIVIL L.R. 6-2 (approving 54 ), AS MODIFIED BY THE COURT. The Motion Hearing and Case Management Conference set for 4/30/2010 are RESET for 6/11/2010 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. The Tutorial and Claim Construction Hearing are RESET for 9/17/2010 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 4/28/2010. (jflc2, COURT STAFF) (Filed on 4/28/2010)

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1 KENNETH B. WILSON (SBN 130009) kwilson@carrferrell.com 2 CHRISTOPHER P. GREWE (SBN 245938) cgrewe@carrferrell.com 3 CARR & FERRELL LLP 2200 Geng Road 4 Palo Alto, California 94303 Telephone: (650) 812-3400 5 Facsimile: (650) 812-3444 6 Attorneys for Plaintiff and Counterclaim-Defendant MOBILE STORAGE TECHNOLOGY, INC. 7 8 CHARLES S. BARQUIST (CA SBN 133785) CBarquist@mofo.com 9 HECTOR G. GALLEGOS (CA SBN 175137) HGallegos@mofo.com 10 MORRISON & FOERSTER LLP 555 West Fifth Street, Suite 3500 11 Los Angeles, California 90013 Telephone: (213) 892-5200 12 Facsimile: (213) 892-5454 13 Attorneys for Defendants and Counterclaim-Plaintiffs FUJITSU COMPUTER PRODUCTS OF AMERICA, INC. 14 and FUJITSU AMERICA, INC. and Defendant FUJITSU LIMITED 15 16 17 18 19 20 MOBILE STORAGE TECHNOLOGY, INC., 21 22 v. Plaintiff, **E-Filed 4/28/2010** UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CASE NO. C09-03342 JF (PVT) 23 FUJITSU LTD., et al., 24 25 26 AND RELATED COUNTERCLAIMS. 27 28 Defendants. STIPULATION AND ------------------- ORDER TO [PROPOSED] CHANGE TIME PURSUANT TO CIVIL L.R. 6-2, AS MODIFIED BY THE COURT -1Stipulation and [Proposed] Order to Change Time Pursuant to Civil L.R. 6-2 (Case No. C09-03342 JF (PVT)) 1 Pursuant to Local Rule 6-2, plaintiff Mobile Storage Technology, Inc. ("MST") and 2 defendants Fujitsu Limited, Fujitsu Computer Products of America, Inc. and Fujitsu America, Inc. 3 (collectively, "Fujitsu") hereby stipulate and agree as follows: to and request an order staying the 4 litigation, including all hearings and the filings, exchanges, briefings, and/or hearings provided for 5 under the Patent Local Rules and the service of and/or response to any discovery served by any 6 party, for approximately six weeks. Pursuant to Local Rule 6-2(1), the Parties set forth the reasons 7 for this request as follows: 8 On March 31, 2010, MST and Fujitsu participated in a court-ordered mediation pursuant to 9 ADR Local Rule 6, before the court-appointed mediator, Daniel Bergeson. 10 During the March 31 mediation, the Parties and the mediator concluded that settlement of 11 this action would be facilitated significantly by continuing the mediation for approximately thirty 12 days, by staying the deadlines in the litigation during that period, and by continuing certain dates by 13 roughly thirty days as well. Accordingly, Parties stipulated and agreed to extend the certain claim 14 construction deadlines to facilitate the continuation of mediation discussions pursuant to Civil L.R. 15 6-2 (DOCKET NO. 48); and the Court granted that extension (DOCKET NO. 52). 16 The mediation efforts are continuing, and the Parties and the mediator continue to believe 17 that settlement of this action would be facilitated significantly by continuing the mediation for 18 approximately six weeks, by staying the deadlines in the litigation during that period, and by 19 continuing certain dates by up to six weeks as well. This additional time is needed to allow for 20 rescheduling of the mediation session, which requires advance planning due to the need for 21 representatives of Defendant Fujitsu Limited to travel from Japan and the need for the 22 representative of Defendants Fujitsu America and Fujitsu Computer Products of America to 23 recuperate from surgery scheduled for May 10. 24 The Parties and the mediator believe that to proceed with litigation activities over the next 25 six weeks and to meet the claim construction deadlines as currently scheduled would undercut the 26 parties' settlement efforts and could well prove to be a waste of the Court's and the parties' time 27 and resources. 28 -2Stipulation and [Proposed] Order to Change Time Pursuant to Civil L.R. 6-2 (Case No. C09-03342 JF (PVT)) 1 IT IS HEREBY STIPULATED AND AGREED that except for the ongoing mediation 2 efforts and as expressly set forth below, all activities in this action shall be stayed for six weeks, 3 and that certain pre-trial and claim construction deadlines should be rescheduled as follows: 4 5 Event 6 Case Management Conference 7 Hearing on Fujitsu's Motion for Leave to Amend Invalidity Contentions 8 Pat. L.R. 4-3 Joint Claim Construction Stmt 9 Deadline to Complete Claim Construction 10 Discovery 11 MST to file and serve Opening Brief (Pat. L.R. 4-5(a)) 12 Fujitsu to file and serve Responsive Brief 13 (Pat. L.R. 4-5(b)) 14 MST to file and serve Reply Brief (Pat. L.R. 4-5(c)) 15 16 Claim Construction Tutorial 17 18 19 20 21 22 23 24 25 26 27 28 -3Stipulation and [Proposed] Order to Change Time Pursuant to Civil L.R. 6-2 (Case No. C09-03342 JF (PVT)) Last Day to Hear Dispositive Motions Claim Construction Hearing Current Schedule April 30, 2010 April 30, 2010 May 21, 2010 June 9, 2010 June 30, 2010 July 14, 1010 July 21, 2010 August 2, 2010 at 9 am August 9, 2010 at 9 am January 21, 2011 Proposed Schedule June 11, 2010 June 11, 2010 June 30, 2010 July 21, 2010 August 11, 2010 August 25, 2010 September 1, 2010 17 --September 13, 2010 at 9 am 17 --September 20, 2010 at 9 am February 22, 2011 1 Dated: April 27, 2010 2 3 4 5 6 7 Dated: April 27, 2010 8 9 10 11 12 13 14 15 16 17 28 18 Dated: April ____, 2010 19 20 21 22 23 24 25 26 27 28 CARR & FERRELL LLP By: /s/ Christopher P. Grewe KENNETH B. WILSON CHRISTOPHER P. GREWE Attorneys for Plaintiff and Counterclaim-Defendant MOBILE STORAGE TECHNOLOGY, INC. MORRISON & FOERSTER LLP By: /s/ Charles S. Barquist CHARLES S. BARQUIST HECTOR G. GALLEGOS Attorneys for Defendants and Counterclaim-Plaintiffs FUJITSU COMPUTER PRODUCTS OF AMERICA, INC. and FUJITSU AMERICA, INC. PURSUANT TO STIPULATION, IT IS SO ORDERED. THE HONORABLE JEREMY FOGEL United States District Judge -4Stipulation and [Proposed] Order to Change Time Pursuant to Civil L.R. 6-2 (Case No. C09-03342 JF (PVT)) 1 2 SIGNATURE ATTESTATION Pursuant to General Order No. 45(X)(B), I hereby attest that I have obtained the concurrence in the filing of this document from all the signatories for whom a signature is indicated 3 by a "conformed" signature (/s/) within this e-filed document and I have on file records to support 4 this concurrence for subsequent production for the court if so ordered or for inspection upon request. 5 6 7 Dated: April 27, 2010 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5Stipulation and [Proposed] Order to Change Time Pursuant to Civil L.R. 6-2 (Case No. C09-03342 JF (PVT)) /s/ Christopher P. Grewe CHRISTOPHER P. GREWE

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