Freescale Semiconductor, Inc. v. Chipmos Technologies Inc

Filing 55

STIPULATION AND ORDER TO ENLARGE TIME FOR CHIPMOS' TO FILE OPPOSITION TO MOTION FOR SUMMARY JUDGMENT re 50 . Signed by Judge Jeremy Fogel on 6/18/10. (dlm, COURT STAFF) (Filed on 6/21/2010)

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

RONALD S. LEMIEUX (SB# 120822) [e-mail] SHANEE Y.W. NELSON (SB# 221310) shaneenelso n@paulhast ings.com KEREN HU (SB# 252725) kerenhu@paulhast ings.co m PAUL, HASTINGS, JANOFSKY & WALKER LLP 1117 South California Avenue Palo Alto, CA 94304-1106 Telephone: [phone] Facsimile: [phone] Attorney for Defendant and Counterclaimant ChipMOS Technologies, Inc. ADDITIONAL COUNSEL ON SIGNATURE PAGE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Freescale Semiconductor, Inc., Plaint iff, v. ChipMOS Technologies, Inc., Defendant. Case No. 5:09-CV-03689-JF-PVT STIPULATION AND [PROPOSED] -----------------ORDER TO ENLARGE TIME FOR CHIPMOS' TO FILE OPPOSITION TO MOTION FOR SUMMARY JUDGMENT RE: 1) CHIPMOS' CLAIMS FOR BREACH OF CONTRACT AND PATENT MISUSE, AND 2) FREESCALE'S CLAIM FOR BREACH OF CONTRACT Date: July 2, 2010 Time: 9:00 a.m. Dept: Courtroom 3, 5th Floor Judge: Hon. Jeremy Fogel Complaint filed: July 13, 2009 Trial Date: Not Set JURY TRIAL DEMANDED Pursuant to Local Rules 6-1(b) and 6-2, Plaint iff Freescale Semiconductor, Inc. ("Freescale") and Defendant ChipMOS Technologies, Inc. ("ChipMOS") submit this Stipulation To Enlarge Time for ChipMOS' To File Opposition to Motion for Summary Judgment Re: 1) ChipMOS' Claims for Breach of Contract and Patent Misuse, and 2) Freescale's Claim for Breach of Contract.
STIPULATION TO ENLARGE TIME FOR CHIPMOS TO FILE OPPOSITION TO FREESCALE'S MSJ

AND RELATED COUNTERCLAIMS.

CASE NO. 5:09-CV-03689-JF-PVT

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 Freescale filed a Motion for Summary Judgment on May 3, 2010; WHEREAS ChipMOS' Opposition is currently due on June 11, 2010; WHEREAS ChipMOS desires to submit a declaration from a former employee on matters that are relevant to its Opposition; WHEREAS the former employee is traveling and unavailable to finalize a declaration in advance of the June 11, 2010 deadline; WHEREAS Freescale has agreed that ChipMOS can file its Opposition on Monday, June 14, 2010 provided that ChipMOS serves its Opposition on Friday, June 11, exclusive of the declaration of the former ChipMOS employee; and WHEREAS the requested enlargement will not affect any other deadlines. NOW THEREFORE IT IS HEREBY STIPULATED by the Parties, through their respective counsel of record, subject to the Court's approval, that ChipMOS is permitted to file its Opposition to Freescale's Motion for Summary Judgment on Monday, June 14, 2010. IT IS SO STIPULATED. Dated: June 11, 2010 Respect fully submitted, PAUL, HASTINGS, JANOFSKY & WALKER LLP RONALD S. LEMIEUX SHANEE Y. W. NELSON KEREN HU By: /s/ Shanée Y. W. Nelson SHANEE Y. W. NELSON

Counsel for Defendant and Counterclaimant ChipMOS Technologies, Inc.

CASE NO. 5:09-CV-03689-JF-PVT

-2-

STIPULATION TO ENLARGE TIME FOR CHIPMOS TO FILE OPPOSITION TO FREESCALE'S MSJ

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

In accordance with General Order No. 45, Section X(B), the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below. Dated: June 11, 2010 Respect fully submitted, By: /s/ Greg L. Lippetz GREG L. LIPPETZ State Bar No. 154228 JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: 650-739-3900 JOHN R. COLGAN IL Bar No. 6489249 (Admitted Pro Hac Vice) JONES DAY 77 West Wacker Chicago, IL 60601 Telephone: [phone] Facsimile: 312-782-8585 Counsel for Plaintiff and Counterclaim-Defendant Freescale Semiconductor, Inc.

---RO-----S----- ORDER [P ---- PO - ED] Pursuant to the stipulation above, ChipMOS' deadline to file its Opposition to Freescale's Motion for Summary Judgment is extended to June 14, 2010. IT IS SO ORDERED. 6/18 DATED: _______________, 2010 Hon. Jeremy Fogel, U.S. District Judge
LEGAL_US_W # 64955724.1

CASE NO. 5:09-CV-03689-JF-PVT

-3-

STIPULATION TO ENLARGE TIME FOR CHIPMOS TO FILE OPPOSITION TO FREESCALE'S MSJ