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

Filing 34

STIPULATION AND ORDER re 32 Stipulation, filed by Guzik Technical Enterprises, Inc. Signed by Judge Paul S. Grewal on 10/11/2011. (psglc2, COURT STAFF) (Filed on 10/12/2011)

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DANIEL J. BERGESON, Bar No. 105439
[e-mail]
MELINDA M. MORTON, Bar No. 209373
[e-mail]
JAIDEEP VENKATESAN, Bar No. 211386
[e-mail]
BERGESON, LLP
303 Almaden Boulevard, Suite 500
San Jose, CA 95110-2712
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and Counter-Defendant
GUZIK TECHNICAL ENTERPRISES

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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, a
California corporation,
Plaintiff,
vs.
WESTERN DIGITAL CORPORATION, a
Delaware corporation, WESTERN DIGITAL
TECHNOLOGIES, INC., a Delaware corporation,
WESTERN DIGITAL (FREMONT), LLC, a
Delaware corporation, WESTERN DIGITAL
(THAILAND) COMPANY LIMITED, a Thailand
corporation, and WESTERN DIGITAL
(MALAYSIA) Sdn. Bhd., a Malaysia
corporation, inclusive,

Case No. CV11-03786 PSG
STIPULATION AND [PROPOSED]
ORDER TO EXTEND PLAINTIFF’S
TIME TO RESPOND TO DEFENDANTS’
COUNTERCLAIMS AND TO CONTINUE
RELATED DATES

Magistrate: Hon. Paul S. Grewal
Ctrm.:
5, 4th Floor
Case Filed: August 1, 2011
Trial Date: None set.

Defendants.

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AND RELATED COUNTERCLAIMS

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STIPULATION AND [PROPOSED] ORDER TO EXEND TIME FOR
PLAINTIFF TO RESPOND TO DEFENDANTS’ COUNTERCLAIMS
AND TO CONTINUE RELATED DATES

Case No. C11-03786 PSG

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

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

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

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Limited, and Western Digital (Malaysia) Sdn. Bhd. (collectively referred to herein as “Western

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Digital 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

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Defendants;
WHEREAS, the answer or other response to the Complaint for at least some of the
Western Digital Defendants was initially due on or before August 24, 2011;
WHEREAS, on August 1, 2011, the Court issued an Order Setting Initial Case

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Management Conference and ADR Deadlines (ECF 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, agreed

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

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

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the Court;

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WHEREAS, the Court ordered, pursuant to the Parties’ stipulation, that The Western

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Digital Defendants would have until September 26, 2011 to file a response to the complaint and

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that the Initial Case Management Conference be continued from October 18, 2011 to November

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15, 2011, in Courtroom 5, 4th Floor, San Jose Courthouse, at 2:00 p.m., and that all other dates

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would be continued accordingly;

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WHEREAS on September 26, 2011, certain of the Western Digital Defendants filed
Counterclaims against GTE, the answer or other response to which is due on October 17, 2011;
WHEREAS GTE’s undersigned counsel hereby declares that the extensions requested

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herein are necessary to provide GTE with sufficient time to analyze the allegations set forth in the

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Counterclaims and formulate its response to the Counterclaims, and that continuance of related

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-1STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR
PLAINTIFF TO RESPOND TO DEFENDANTS’ COUNTERCLAIMS
AND TO CONTINUE RELATED DATES

Case No. C11-03786 PSG

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case management dates would best serve the parties’ and the Court’s interest in judicial efficiency;

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and

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WHEREAS the parties’ undersigned counsel hereby declares that the time modifications

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requested herein would have no material impact on the case schedule because the case is at its

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initial stage:

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

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GTE shall have until November 16, 2011 to file a response to the Counterclaims;

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2.

The Initial Case Management Conference will be continued from November 15,

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2011 to December 13, 2011, in Courtroom 5, 4th Floor, San Jose Courthouse, at

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

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Date: October 6, 2011

BERGESON, LLP

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/s/
Jaideep Venkatesan

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Attorneys for Plaintiff and Counter-Defendant
GUZIK TECHNICAL ENTERPRISES

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In accordance with General Order No. 45, Rule X, the above signatory attests that
concurrence in the filing of this document has been obtained from the signatory below.

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Date: October 6, 2011

LATHAM & WATKINS LLP

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/s/
Richard G. Frenkel
Attorneys for Defendants and Counter-Complainant
WESTERN DIGITAL CORPORATION,
WESTERN DIGITAL TECHNOLOGIES, INC.,
WESTERN DIGITIAL (FREMONT), LLC,
WESTERN DIGITAL (THAILAND) COMPANY
-2STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR
PLAINTIFF TO RESPOND TO DEFENDANTS’ COUNTERCLAIMS
AND TO CONTINUE RELATED DATES

Case No. C11-03786 PSG

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LIMITED, WESTERN DIGITAL (MALAYSIA)
Sdn. Bhd.

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PURUSANT TO STIPULATION, IT IS SO ORDERED.

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Dated: ___October 11_, 2011

_________________________________
The Honorable Paul S. Grewal
United States District Magistrate
Northern District of California

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-3STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR
PLAINTIFF TO RESPOND TO DEFENDANTS’ COUNTERCLAIMS
AND TO CONTINUE RELATED DATES

Case No. C11-03786 PSG