GSI Technology, Inc. v. Cypress Semiconductor Corporation

Filing 20

STIPULATION AND ORDER Granting Request to Enlarge The Time For Opposition And Reply Briefs On Defendant's Motion To Dismiss re 19 Stipulation. Opposition due by 11/4/2011. Reply due by 12/2/2011. Hearing Date remains unchanged as previously set for 12/16/2011 at 9:00 AM in Courtroom 1, 5th Floor, San Jose. Signed by Judge Edward J. Davila on 10/7/2011. (ecg, COURT STAFF) (Filed on 10/11/2011)

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SHARTSIS FRIESE LLP
ARTHUR J. SHARTSIS (Bar #51549)
[e-mail]
MARY JO SHARTSIS (Bar #55194)
[e-mail]
ROBERT E. SCHABERG (Bar #81430)
[e-mail]
JAMES P. MARTIN (Bar #170044)
[e-mail]
One Maritime Plaza, 18th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
GSI TECHNOLOGY, INC.
UNITED STATES DISTRICT COURT

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S HARTSIS F RIESE LLP
ONE MARITIME PLAZA
EIGHTEENTH FLOOR
SAN FRANCISCO , CA 94111

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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GSI TECHNOLOGY, INC., a Delaware
corporation,
Plaintiff,
v.
CYPRESS SEMICONDUCTOR
CORPORATION, a Delaware corporation,

Case No. 5:11-cv-03613-EJD
STIPULATION TO ENLARGE THE TIME
FOR OPPOSITION AND REPLY BRIEFS
ON DEFENDANT’S MOTION TO DISMISS
[Local Civil Rule 6-2]

Defendant.

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Plaintiff GSI Technology, Inc. (“GSI”) and Defendant Cypress Semiconductor

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Corporation (“Cypress”), by and through their respective counsel of record, hereby agree and

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stipulate to an enlargement of time to serve and file their respective opposition and reply

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memoranda pursuant to Local Civil Rule 6-2 for the following reasons:

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1.

GSI filed its Complaint against Cypress on July 22, 2011 for violation of federal

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and state antitrust laws. At the request of Cypress, GSI stipulated to enlarge Cypress’s time to

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respond to the Complaint to September 14, 2011 pursuant to Local Civil Rule 6-1(a). (Docket

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No. 11.) On September 14, 2011, Cypress filed its Motion to Dismiss the Complaint (“Motion to
Case No.: 5:11-cv03613-EJD

STIPULATION TO ENLARGE THE TIME
FOR OPPOSITION AND REPLY BRIEFS

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Dismiss”), which is to be heard on December 16, 2011, at 9:00 a.m. (Docket No. 14.)
2.

On September 20, 2011, GSI and Cypress stipulated to a briefing schedule, which

the Court approved on September 23, 2011. (Docket No. 18).
3.

GSI has requested a one-week enlargement of time to file its opposition to

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Cypress’s Motion to Dismiss, from October 28, 2011 to November 4, 2011, to accommodate an

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attorney working on the opposition who has had to undergo back surgery, and, as a result has

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been largely out of the office recuperating at home for the past two weeks. Cypress has agreed to

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the enlargement requested and both parties agree to an enlargement of time for Cypress to file its

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reply memorandum from November 18, 2011 to December 2, 2011. The enlargements of time do

S HARTSIS F RIESE LLP
ONE MARITIME PLAZA
EIGHTEENTH FLOOR
SAN FRANCISCO, CA 9 4111

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not affect the hearing date, which remains December 16, 2011 at 9:00 a.m.
4.

There have been two previous enlargements of time in this case: an enlargement

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of time for Cypress to respond to the Complaint and an enlargement of time set by the briefing

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schedule for Cypress’ Motion to Dismiss approved by the Court. The enlargements of time

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requested by this Stipulation will not have any effect on the schedule of the case.

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DATED: October 7, 2011

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Respectfully submitted,
By:

/s/ Mary Jo Shartsis
Arthur J. Shartsis (SBN 51549)
Mary Jo Shartsis (SBN 55194)
Robert E. Schaberg (SBN 81430)
James P. Martin (SBN 170044)
SHARTSIS FRIESE LLP
One Maritime Plaza, 18th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail];
[e-mail];
[e-mail];
[e-mail]
Attorneys for Plaintiff
GSI TECHNOLOGY, INC.

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Case No.: 5:11-cv03613-EJD

-2STIPULATION TO ENLARGE THE TIME
FOR OPPOSITION AND REPLY BRIEFS

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DATED: October 7, 2011

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By:

/s/ Christopher J. Kelly
Lee H. Rubin (SBN 141331)
Christopher J. Kelly (SBN 276312)
MAYER BROWN LLP
Two Palo Alto Square, Suite 300
3000 El Camino Real
Palo Alto, CA 94306-2112
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail];
[e-mail]
Attorneys for Defendant
CYPRESS SEMICONDUCTOR CORPORATION

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S HARTSIS F RIESE LLP
ONE MARITIME PLAZA
EIGHTEENTH FLOOR
SAN FRANCISCO, CA 9 4111

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: October ___, 2011

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THE HONORABLE EDWARD J. DAVILA
UNITED STATES DISTRICT COURT

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Case No.: 5:11-cv03613-EJD

-3STIPULATION TO ENLARGE THE TIME
FOR OPPOSITION AND REPLY BRIEFS

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CERTIFICATION UNDER GENERAL ORDER NO. 45
I, Mary Jo Shartsis, am the ECF User whose ID and password are being used to file this
Stipulation. In compliance with General Order No. 45, X.B., I attest that Christopher J. Kelly,
counsel for Defendant, has concurred in this filing.
DATED: October 7, 2011

/s/ Mary Jo Shartsis
MARY JO SHARTSIS

8301\001\1751703.1

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S HARTSIS F RIESE LLP
ONE MARITIME PLAZA
EIGHTEENTH FLOOR
SAN FRANCISCO , CA 94111

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Case No.: 5:11-cv03613-EJD

STIPULATION TO ENLARGE THE TIME
FOR OPPOSITION AND REPLY BRIEFS