MedioStream, Inc. v. MPEG. LA, LLC

Filing 24

STIPULATION AND ORDER Resetting Hearing on Defendant's Motion to Dismiss and Initial Case Management Conference re 22 Stipulation. ***9/2/2011 Deadlines terminated, Set/Reset Deadlines as to 22 Stipulation, 10 MOTION to Dismiss for Lack o f Jurisdiction. Motion Hearing set for 9/16/2011 09:00 AM; Case Management Conference set for 9/16/2011 10:00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 5/17/2011. (ecg, COURT STAFF) (Filed on 5/17/2011)

1 Michael H. Steinberg (CSB No. 134179)
[e-mail]
2 SULLIVAN & CROMWELL LLP
1888 Century Park East, Suite 2100
3 Los Angeles, CA 90067
Telephone: [phone]
4 Facsimile: [phone]
5 Brendan P. Cullen (CSB No. 194057)
[e-mail]
6 Shawn Joe Lichaa (CSB No. 250902)
[e-mail]
7 SULLIVAN & CROMWELL LLP
1870 Embarcadero Road
8 Palo Alto, California 94303
Telephone: [phone]
9 Facsimile: [phone]
10 Attorneys for MPEG LA, L.L.C.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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16 MEDIOSTREAM, INC.,
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Plaintiff,
v.

19 MPEG LA, L.L.C.,
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Defendant.

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Case No. 10-CV-05979 EJD
STIPULATION AND [PROPOSED]
ORDER RESETTING HEARING
ON DEFENDANT’S MOTION TO
DISMISS AND INITIAL CASE
MANAGEMENT CONFERENCE__
Judge:

Honorable Edward J. Davila

Hearing Date: September 16, 2011
Time: 9:00 a.m.
Courtroom: 1

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SULLIVAN & CROMWELL LLP

STIPULATION AND [PROPOSED] ORDER RESETTING MOTION T TO DISMISS AND CMC; CASE NO. 10-CV-05979 EJD

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STIPULATION AND [PROPOSED] ORDER

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Plaintiff MedioStream, Inc. (“MedioStream”) and Defendant MPEG

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LA, L.L.C. (“MPEG LA”) (collectively, the “Parties”), by and through their

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undersigned counsel, hereby agree and stipulate as follows:

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AGREEMENT

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1.

MedioStream filed its Complaint for Declaratory Relief and

7 Breach of Contract on December 30, 2010 (“Complaint”). (Dkt. #1.)
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2.

After MedioStream declined to proceed before a magistrate

9 judge, this matter was assigned to District Court Judge Jeremy D. Fogel on
10 February 1, 2011. (Dkt. #8.)
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3.

MedioStream served its Complaint on MPEG LA on March 9,

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On March 20, 2011, MPEG LA timely moved to dismiss the

12 2011.
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14 Complaint, and noticed the hearing for June 10, 2011. (Dkt. #10.) The initial case
15 management conference in this matter was also scheduled for June 10, 2011.
16 (Dkt. #19.)
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5.

On April 25, 2011, this matter was reassigned to the Honorable

18 Edward J. Davila. (Dkt. #20.)
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6.

On April 29, 2011, the Court reset the hearing on the motion to

20 dismiss as well as the initial case management conference for September 2, 2011.
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7.

Counsel for MPEG LA is not available on September 2, 2011,

23 and, accordingly, inquired with the Court and received the available dates and
24 times which the Court may hear these matters.
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STIPULATION
1.

The Parties agree to reset the case management conference and

27 motion to dismiss currently set for September 2, 2011 to September 16, 2011 at
28 9:00 a.m., or as soon thereafter as these matters may be heard by the Court.
-1SULLIVAN & &ROMWELL LLP LLP
SULLIVAN C CROMWELL

STIPULATION AND [PROPOSED] ORDER RESETTING MOTION T TO DISMISS AND CMC; CASE NO. 10-CV-05979 EJD

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ORDER
For good cause this Court HEREBY ORDERS that the hearing on

3 Defendant MPEG LA’s motion to dismiss and the initial case management
4 conference of the Parties be reset from September 2, 2011 to September 16, 2011
5 at 9:00 a.m. and 10:00 a.m respectively.
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7 IT IS SO ORDERED.
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DATED: May 17, 2011
THE HON. EDWARD J. DAVILA
UNITED STATES DISTRICT COURT JUDGE

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12 Dated: May 12, 2011
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/s/ Michael H. Steinberg
Michael H. Steinberg (CSB No. 134179)
SULLIVAN & CROMWELL LLP
1888 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
Brendan P. Cullen (CSB No. 194057)
Shawn Joe Lichaa (CSB No. 250902)
SULLIVAN & CROMWELL LLP
1870 Embarcadero Road
Palo Alto, California 94303
Telephone: [phone]
Facsimile: [phone]

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Attorneys for MPEG LA, L.L.C.

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23 Dated: May 12, 2011

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/s/ Byron Cooper (with permission)
Byron Cooper (CSB No. 166578)
530 Lytton Avenue, Suite 200
Palo Alto, California 94301
Telephone: [phone]
Facsimile: [phone]

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Attorneys for MEDIOSTREAM, INC

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-2SULLIVAN & &ROMWELL LLP LLP
SULLIVAN C CROMWELL

STIPULATION AND [PROPOSED] ORDER RESETTING MOTION T TO DISMISS AND CMC; CASE NO. 10-CV-05979 EJD