Leviton Manufacturing Co., Inc. v. Fujian Hongan Electric Co., Ltd et al

Filing 112

ORDER REGARDING STAY. the action is stayed until all appeals of the ITCdetermination have been exhausted, and the Clerk shall ADMINISTRATIVELY CLOSE this matter. This order does not preclude any party from moving to reopen this action. IT IS FURTHER ORDERED that, every six months, the parties shall submit joint status statements to inform the court of any developments that may warrant removing the stay. The first status statement shall be filed no later than January 3, 2013. Additionally, upon c ompletion of the appeals, the parties shall file a notice requesting the matter be reopened and that a case management conference be scheduled. IT IS FURTHER ORDERED that the case management conference scheduled for July 6, 2012 is VACATED. Motions t erminated AS MOOT: 109 MOTION to Appear by Telephone at July 5, 2012 Case Management Conference filed by Leviton Manufacturing Co., Inc., 108 MOTION to Appear by Telephone in continued Case Management Conference filed by Fujian Hongan Electric Co., Ltd, Safety Plus, Royal Pacific Ltd., The Designers Edge, Inc., Garvin Industries, Inc., Zhejiang Trimone Co., Ltd., Menard, Inc., Safety Plus Products, Inc. Signed by Judge Edward J. Davila on 7/2/2012. (ecg, COURT STAFF) (Filed on 7/2/2012)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT

8
9

NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

United States District Court
For the Northern District of California

10
11
12
13
14
15

LEVITON MANUFACTURING CO., INC.,

)
)
Plaintiff,
)
)
v.
)
)
FUJIAN HONGAN ELECTRIC CO., LTD. ET )
AL.,
)
Defendants.
)
)

Case No.: 5:10-CV-03961 EJD
ORDER REGARDING STAY
(Re: Docket No. 111)

16

On October 22, 2010, the court stayed this action until the determination of the ITC

17

investigation becomes final. See Order Staying Case Pending Outcome of ITC Investigation at 2:

18

14-16, Docket No. 29. On July 2, 2012, the parties submitted a case management conference

19

statement indicating that they agree the stay should continue through appeal of the ITC

20

determination to the Federal Circuit. See Case Management Statement at 8-10, Docket No. 111.

21

Plaintiff, however, states that “for the stay to be extended beyond the Final Determination by the

22

ITC to include exhaustion of all appeals, a modification of the October 22 Order is necessary and

23

the Appearing Defendants should file a motion seeking such relief. Leviton would not oppose any

24

motion by the Appearing Defendants that seeks such a modification of the October 22 Order.” Id.

25

at 10:9-13. Because the parties agree the stay should continue and the court finds no reason to

26

remove the stay at this time,

27
28
1

Case No.: 5:10-CV-03961 EJD
ORDER REGARDING STAY

1

IT IS HEREBY ORDERED that the action is stayed until all appeals of the ITC

2

determination have been exhausted, and the Clerk shall ADMINISTRATIVELY CLOSE this

3

matter. This order does not preclude any party from moving to reopen this action.

4

IT IS FURTHER ORDERED that, every six months, the parties shall submit joint status

5

statements to inform the court of any developments that may warrant removing the stay. The first

6

status statement shall be filed no later than January 3, 2013. Additionally, upon completion of the

7

appeals, the parties shall file a notice requesting the matter be reopened and that a case

8

management conference be scheduled.

9

IT IS FURTHER ORDERED that the case management conference scheduled for July 6,

United States District Court
For the Northern District of California

10

2012 is VACATED.

11

Dated: July 2, 2012

12

_________________________________
EDWARD J. DAVILA
United States District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

Case No.: 5:10-CV-03961 EJD
ORDER REGARDING STAY