Guzik Technical Enterprises, Inc. v. Western Digital Corporation et al

Filing 13

STIPULATION AND ORDER re 12 Stipulation, filed by Western Digital (Fremont) Inc, Western Digital (Malaysia) SDN.BHD., Western Digital Technologies, Inc., Western Digital (Thailand) Company Limited, Guzik Technical Enterprises, Inc., Western Digital Corporation. Response to Complaint due by 9/26/2011. Case Management Statement due by 11/8/2011. Case Management Conference set for 11/15/2011 02:00 PM in Courtroom 5, 4th Floor, San Jose. Signed by Judge Paul S. Grewal on August 12, 2011. (psglc2, COURT STAFF) (Filed on 8/12/2011)

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BARCELO, HARRISON & WALKER, LLP
Reynaldo C. Barceló (SBN 199741)
[e-mail]
2901 West Coast Highway, Suite 200
Newport Beach, CA 92663
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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GUZIK TECHNICAL ENTERPRISES,
INC.,

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Plaintiff,
v.
WESTERN DIGITAL
CORPORATION, WESTERN
DIGITAL TECHNOLOGIES, INC.,
WESTERN DIGITAL (FREMONT)
INC., WESTERN DIGITAL
(THAILAND) COMPANY LIMITED,
WESTERN DIGITAL (MALAYSIA)
SDN.BHD,

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No. 5:11-cv-03786-PSG
STIPULATION AND [PROPOSED
ORDER TO EXTEND TIME TO
ANSWER OR OTHERWISE RESPOND
TO COMPLAINT AND TO CONTINUE
RELATED DATES

Defendants.

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STIPULATION AND [PROPOSED] ORDER TO
EXTEND TIME
5:11-cv-03786-PSG

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Pursuant to Civil Local Rules 6-2, 7-12, and related rules, Plaintiff Guzik Technical

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Enterprises, Inc. (“GTE”) and Defendants Western Digital Corporation, Western Digital

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Technologies, Inc., Western Digital (Fremont) Inc., Western Digital (Thailand) Company

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Limited, and Western Digital (Malaysia) SDN.BHD (collectively, “Western Digital

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Defendants”), hereby stipulate through their respective counsel of record as follows:

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WHEREAS, on August 1, 2011, GTE filed its Complaint against the Western Digital
Defendants;
WHEREAS, GTE asserts that it served its Complaint upon Defendant Western Digital
Corporation on August 3, 2011;
WHEREAS, GTE asserts that it served its Complaint upon Defendant Western Digital
(Thailand) Company Limited on August 3, 2011;
WHEREAS, GTE asserts that it served its Complaint upon Defendant Western Digital
Technologies, Inc. on August 3, 2011;
WHEREAS, GTE asserts that it served its Complaint upon Defendant Western Digital
(Malaysia) SDN.BHD on August 3, 2011;
WHEREAS, GTE asserts that it served its Complaint upon Defendant Western Digital
(Fremont) Inc. on August 5, 2011;

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WHEREAS, based on the foregoing, the answer or other response to the Complaint for

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the earliest-served Western Digital Defendants was initially due on or before August 24, 2011;

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WHEREAS, on August 1, 2011, the Court issued an Order Setting Initial Case

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Management Conference and ADR Deadlines (Dkt. No. 8) which, among other provisions, set an

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Initial Case Management Conference in the above-specified action on October 18, 2011, and

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specified related deadlines leading up to that conference;

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WHEREAS, GTE and Western Digital, through their respective counsel of record, have

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agreed to extend the time by which Western Digital must answer or otherwise respond to the

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Complaint, and to seek a corresponding continuance of the dates that have already been set by

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the Court;

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STIPULATION AND [PROPOSED] ORDER TO
EXTEND TIME
5:11-cv-03786-PSG

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WHEREAS, Western Digital’s undersigned counsel hereby declares that the extensions

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requested herein are necessary to provide the Western Digital Defendants sufficient time to

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analyze the allegations set forth in the Complaint, retain counsel and formulate their responses to

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the Complaint; and

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WHEREAS, the parties’ undersigned counsel hereby declare and disclose that no

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previous time modifications have been sought or obtained in the above-entitled action, and that

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the time modifications requested herein would have no material impact on the case schedule

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because the case is at its initial stage:

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IT IS HEREBY STIPULATED by and between the parties hereto through their
respective attorneys of record that:
(1)

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The Western Digital Defendants shall have until September 26, 2011 to file a
response to the Complaint;

(2)

The Initial Case Management Conference will be continued from October 18,

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2011 to November 15, 2011, in Courtroom 5, 4th Floor, San Jose Courthouse, at

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2:00 p.m., and all other dates will be continued accordingly.

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Dated: August 11, 2011

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Respectfully submitted,
BARCELO, HARRISON & WALKER, LLP

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By:

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/s/ Reynaldo C. Barceló

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Reynaldo C. Barceló

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ATTORNEY FOR DEFENDANTS
WESTERN DIGITAL CORPORATION,
WESTERN DIGITAL TECHNOLOGIES,
INC., WESTERN DIGITAL (FREMONT)
INC., WESTERN DIGITAL (THAILAND)
COMPANY LIMITED, AND WESTERN
DIGITAL (MALAYSIA) SDN.BHD

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STIPULATION AND [PROPOSED] ORDER TO
EXTEND TIME
5:11-cv-03786-PSG

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Dated: August 11, 2011

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Respectfully submitted,
BERGESON, LLP

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By:

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/s/ Jaideep Venkatesan

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Jaideep Venkatesan

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ATTORNEY FOR PLAINTIFF GUZIK
TECHNICAL ENTERPRISES, INC.

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I hereby attest pursuant to General Order 45.X.B that concurrence in the electronic filing of

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this document has been obtained from the other signatories.

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Dated: August 11, 2011

/s/ Reynaldo C. Barceló

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Reynaldo C. Barceló

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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Dated: August 12, 2011

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__________________________________________

HONORABLE PAUL S. GREWAL
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED] ORDER TO
EXTEND TIME
5:11-cv-03786-PSG

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CERTIFICATE OF SERVICE

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The undersigned hereby certifies that all counsel of record who are deemed to have

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consented to electronic service are being served with a copy of this document via the Court's

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ECF System.

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/s/ Reynaldo C. Barceló

Dated: August 11, 2011

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Reynaldo C. Barceló

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STIPULATION AND [PROPOSED] ORDER TO
EXTEND TIME
5:11-cv-03786-PSG

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