Simonian v. Monster Cable Products, Inc.

Filing 94

ORDER by Judge Lucy H. Koh staying action for 30 days, denying 83 Motion to Dismiss, without prejudice; granting 87 Motion to Withdraw as Attorney, Attorney David P. Sanders; Benjamin J. Bradford and Olivia T. Luk terminated; denying as moot 89 Motion for Leave to File. (lhklc1, COURT STAFF) (Filed on 9/19/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 United States District Court For the Northern District of California 10 11 SAN JOSE DIVISION THOMAS A. SIMONIAN, v. Plaintiff, MONSTER CABLE PRODUCTS, INC., 12 Defendant. 13 ) ) ) ) ) ) ) ) ) Case No.: 10-CV-05544-LHK ORDER STAYING ACTION 14 On September 16, 2011, President Obama signed the Leahy-Smith America Invents Act, 15 H.R. 1249, 112th Cong. (2011), into law. Pursuant to the parties’ stipulation, the case is hereby 16 STAYED for 30 days. 17 Accordingly, Defendant’s pending motion for leave to file a motion for reconsideration, 18 ECF No. 89, is DENIED as MOOT, and the hearing on the motion set for September 22, 2011, is 19 VACATED. 20 Defendant’s pending motions to dismiss, ECF No. 83, is DENIED without prejudice, and 21 the hearing on the motion set for September 22, 2011, is VACATED. The case management 22 conference set for September 22, 2011, is continued to December 15, 2011. 23 By Thursday, October 20, 2011, the parties shall either stipulate to a dismissal of this case or 24 Defendant shall file a new motion to dismiss on that date, to be heard on December 15, 2011. The 25 briefing schedule shall be pursuant to the Civil Local Rules. 26 For good cause shown, Defendant’s motion for David P. Sanders, Benjamin J. Bradford, 27 and Olivia T. Luk of the law firm Jenner & Block LLP to withdraw as counsel for Defendant 28 Monster Cable Products, Inc., ECF No. 87, is GRANTED. Case No.: 10-CV-05544-LHK ORDER STAYING ACTION 1 1 IT IS SO ORDERED. 2 3 Dated: September 19, 2011 _________________________________ LUCY H. KOH United States District Judge 4 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No.: 10-CV-05544-LHK ORDER STAYING ACTION 2

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