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

Filing 38

STIPULATION AND ORDER re 37 Stipulation, filed by Western Digital (Fremont) Inc, Western Digital (Malaysia) SDN.BHD., Western Digital Technologies, Inc., Western Digital (Thailand) Company Limited, Western Digital Corporation. Signed by Judge Paul S. Grewal on 10/31/2011. (psglc2, COURT STAFF) (Filed on 11/1/2011)

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1 2 3 4 5 6 7 8 STEVEN M. BAUER, Bar No. 135067 steven.bauer@lw.com JAMES L. DAY, Bar No. 197158 jim.day@lw.com SVETLANA M. BERMAN, Bar No. 239445 svetlana.berman@lw.com MOHITH R. JULAPALLI, Bar No. 268240 mohith.julapalli@lw.com LATHAM & WATKINS LLP 505 Montgomery Street, Suite 2000 San Francisco, CA 94111-6538 Telephone: (415) 391-0600 Facsimile: (415) 395-8095 11 RICHARD G. FRENKEL, Bar No. 204133 rick.frenkel@lw.com LATHAM & WATKINS LLP 140 Scott Drive Menlo Park, CA 94025 Telephone: (650) 328-4600 Facsimile: (650) 463-2600 12 Attorneys for Defendants and Counterclaim Plaintiffs 9 10 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN JOSE DIVISION 16 17 GUZIK TECHNICAL ENTERPRISES, INC. 18 19 20 21 Plaintiff and Counterclaim Defendant, v. WESTERN DIGITAL CORPORATION, WESTERN DIGITAL TECHNOLOGIES, INC., and WESTERN DIGITAL (FREMONT) INC., 22 Defendants and Counterclaim Plaintiffs, and 23 WESTERN DIGITAL (THAILAND) COMPANY LIMITED and WESTERN DIGITAL (MALAYSIA) SDN.BHD, 24 25 26 CASE NO. 5:11-CV-03786-PSG STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S 35 U.S.C. § 271(g) CLAIMS UNDER RULE 12(b)(6) Date: November 8, 2011 [PROPOSED CHANGE TO November 15, 2011] Time: 10:00 a.m. Magistrate Judge: Hon. Paul Singh Grewal Courtroom: 5, 4th Floor Defendants. Pursuant to Civil Local Rules 6-2, 7-12, and related rules, Plaintiff Guzik Technical 27 Enterprises, Inc. (“GTE”) and Defendants Western Digital Corporation et al. (collectively, 28 “Western Digital”), hereby stipulate through their respective counsel of record as follows: ATTORNEYS AT LAW SAN FRANCISCO STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANTS’ MOTION TO DISMISS 5:11-CV-03786-PSG 1 WHEREAS, on September 26, 2011, Western Digital filed a motion to dismiss GTE’s 35 2 U.S.C. § 271(g) claims under Federal Rule of Civil Procedure 12(b)(6) and proposed a hearing 3 date and time of November 1, 2011, 10:00 a.m. (Dkt. No. 25); 4 5 6 7 8 9 10 WHEREAS, after briefing was completed, the Court issued an Order continuing the hearing on the motion to dismiss to November 8, 2011, 10:00 a.m. (Dkt. No. 36); WHEREAS, certain counsel for Western Digital cannot attend the scheduled hearing due to an unavoidable conflict; WHEREAS, GTE and Western Digital, through their respective counsel of record, have agreed with the Court’s permission to continue the hearing on the motion to dismiss until November 15, 2011, 10:00 a.m.; and 11 WHEREAS, the parties’ undersigned counsel hereby declare that the requested time 12 modifications would have no material impact on the case schedule because the case is at its 13 initial stage: 14 15 16 17 IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that: The hearing on Western Digital’s motion to dismiss will be continued from November 8, 2011 to November 15, 2011, in Courtroom 5, 4th Floor, San Jose Courthouse, at 10:00 a.m. 18 19 Dated: October 28, 2011 20 LATHAM & WATKINS, LLP By: /s/ Richard G. Frenkel Richard G. Frenkel Attorneys for Defendants/Counterclaim Plaintiffs Western Digital Corporation et al. 21 22 23 24 Dated: October 28, 2011 BERGESON, LLP 25 26 27 28 ATTORNEYS AT LAW SAN FRANCISCO By: /s/ Jaideep Venkatesan Jaideep Venkatesan Attorneys for Plaintiff/Counterclaim Defendant Guzik Technical Enterprises, Inc. 1 STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANTS’ MOTION TO DISMISS 5:11-CV-03786-PSG 1 PURSUANT TO STIPULATION, IT IS SO ORDERED. 2 3 4 Dated: October 31, 2011 HON. PAUL SINGH GREWAL UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTORNEYS AT LAW SAN FRANCISCO 2 STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANTS’ MOTION TO DISMISS 5:11-CV-03786-PSG

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