Apple, Inc v. Eastman Kodak Company

Filing 12

ORDER VACATING CASE MANAGEMENT CONFERENCE. The 11/29/2010 is VACATED. The Court will set a new Conference date in its Order addressing the pending motion, if necessary. Signed by Judge James Ware on 11/17/2010. (ecg, COURT STAFF) (Filed on 11/17/2010)

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Apple, Inc v. Eastman Kodak Company Doc. 12 UNIT ED 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 Attorneys for Defendant EASTMAN KODAK COMPANY ER N D IS T IC T R OF UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION APPLE INC., a California Corporation, Plaintiff, v. EASTMAN KODAK COMPANY, a New Jersey Corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 5:10-CV-04145-JW-PVT ORDER VACATING CASE AGREED STIPULATION AND [PROPOSED] ORDER MODIFYING MANAGEMENT CONFERENCE CASE MANAGEMENT CONFERENCE SCHEDULE Date: November 15, 2010 Time: 9:00 a.m. Courtroom: 8, Fourth Floor Judge: Hon. James Ware STIPULATION AND [PROPOSED] ORDER Case No. 5:10-CV-04145-JW-PVT Dockets.Justia.com A C 11/17/2010 LI Michael J. Bettinger (State Bar No. 122196) Shane Brun (State Bar No. 179079) Rachel R. Davidson (State Bar No. 215517) Mikal J. Condon (State Bar No. 229208) K&L GATES LLP Four Embarcadero Center, Suite 1200 San Francisco, CA 94111 Telephone: (415) 882-8200 Facsimile: (415) 882-8220 mike.bettinger@klgates.com shane.brun@klgates.com rachel.davidson@klgates.com mikal.condon@klgates.com S S DISTRICT TE C TA FO mes Wa Judge Ja re R NIA DERED SO OR ED IT IS DIFI AS MO RT U O NO RT H WHEREAS, Plaintiff Apple Inc. ( Apple ) filed this complaint in California state court against Eastman Kodak Company ( Kodak ) on August 25, 2010; 1 WHEREAS, on September 15, 2010, Kodak removed the case to federal court on 2 diversity grounds; 3 WHEREAS, on October 8, 2010, the Court issued a notice setting the initial case 4 management conference in this case for November 29, 2010 at 10 a.m.; 5 WHEREAS, on October 8, 2010, Kodak filed a Motion to Dismiss, Or In The Alternative, 6 Transfer Venue to the Western District of New York, and noticed its motion for November 15; 7 WHEREAS, on October 12, 2010, the Court continued the hearing on Kodak s Motion to 8 Dismiss, Or In The Alternative, Transfer Venue to the Western District of New York to January 9 31, 2011, but did not continue the initial case management conference or related deadlines, 10 including the Rule 26(f) conference, the case management conference statement, and the Rule 11 26(f) initial disclosures, arising from the November 29 conference date; 12 IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES, pursuant to Civil 13 L.R. 7-12 and 16-2(e), to request that the current case management conference, now scheduled 14 for November 29, 2010, at 10 a.m., be continued, if necessary, to the earliest Court date available 15 after the January 31, 2011 hearing on Kodak s Motion to Dismiss, Or In The Alternative, 16 Transfer Venue to the Western District of New York. The parties additionally request that the 17 due date of the Case Management Conference Statement, the Rule 26(f) conference, and the Rule 18 26(f) initial disclosures be continued accordingly. 19 //// 20 //// 21 //// 22 //// 23 //// 24 //// 25 //// 26 //// 27 28 1 STIPULATION AND [PROPOSED] ORDER Case No. 5:10-CV-04145-JW-PVT There have been no other extensions of the Case Management Conference hearing date or due date of the Case Management Conference Statement. 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 2 STIPULATION AND [PROPOSED] ORDER Case No. 5:10-CV-04145-JW-PVT Dated: November 12, 2010 K&L Gates LLP By: _/s/___________________ Michael J. Bettinger Shane Brun Rachel R. Davidson Mikal J. Condon K&L GATES LLP 4 Embarcadero Center, Suite 1200 San Francisco, CA 94111 Attorneys for Defendant Eastman Kodak Company Dated: November 12, 2010 By: _/s/___________________ Matthew D. Powers Steven S. Cherensky Gregory D. Hull WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Attorneys for Plaintiff Apple Inc. I, Mikal J. Condon, attest that concurrence in e-filing this Stipulation and Proposed Order has been obtained from signatories Matthew D. Powers and Gregory D. Hull. Dated: November 12, 2010 Respectfully submitted, By: /s/ Mikal J. Condon [PROPOSED] ORDER PURSUANT TO THE STIPULATION, the Case Management Conference currently 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 3 STIPULATION AND [PROPOSED] ORDER Case No. 5:10-CV-04145-JW-PVT November 17 Dated: ___________, 2010 VACATED. scheduled for November 29, 2010 at 10 am is hereby continued, if necessary, to the earliest The Court available after January 31, 2011 on Order addressing the pending motion, if Court date will set a new Conference date in its _____________, 2011 at ___ __. A joint case necessary. management conference statement is due on ___________________, 2011. IT IS SO ORDERED. _____________________________________ Hon. James Ware, District Court Judge

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