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

Filing 53

STIPULATION AND ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE, re 49 Stipulation filed by Guzik Technical Enterprises, Inc. 12/13/2011 Case Management Conference continued to 12/16/2011 at 02:00 PM (Special Set) in Courtroom 5, 4th Floor, San Jose. Signed by Judge Paul S. Grewal on 12/7/2011. (ofr, COURT STAFF) (Filed on 12/7/2011)

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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]
James C. Otteson, Esq.
[e-mail]
AGILITY IP LAW, LLP
149 Commonwealth Dr.
Menlo Park, CA 64025
Telephone: (650) -227-4800
Facsimile: (650) -318-3483
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 - SAN JOSE DIVISION

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GUZIK TECHNICAL ENTERPRISES, a
California corporation,
Plaintiff,

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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 CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE

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

Defendants.
AND RELATED COUNTERCLAIMS

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
CV11-03786 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
Defendants;
WHEREAS, on August 1, 2011, the Court issued an Order Setting Initial Case
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, 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;

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WHEREAS the Court ordered, pursuant to the Parties’ stipulation, that GTE would have

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until November 16, 2011 to file a response to Western Digital’s Counterclaims and that the Initial

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Case Management Conference be continued from November 15, 2011 to December 13, 2011, in

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

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continued;

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WHEREAS trial counsel for GTE has just been ordered to prepare a brief in another case

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under an abbreviated briefing schedule that creates an unforeseen conflict with the Initial Case

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Management Conference. Trial counsel will receive an opposition brief on the morning of

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December 13, 2011, and is required to submit a reply brief by 9:00 AM EST on December 14,

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2011. Trial counsel therefore is required to prepare its brief on December 13, 2011, and is unable

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to attend the Initial Case Management Conference scheduled for December 13, 2011;

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-1STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
CV11-03786 PSG

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WHEREAS the parties have agreed to stipulate to moving the Initial Case Management

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Conference to a different date that is convenient to the Court and the parties without modifying the

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dates for related case management conference deadlines;

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Whereas counsel for either or both of the parties are unavailable on December 14, 2011 –
December 15, 2011 and December 26, 2011 – January 4, 2012; and
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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The Initial Case Management Conference shall be continued from December 13,

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2011, to one of the following dates convenient to the Court: December 12, 2011 or

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December 16, 2011, or as soon thereafter as the Court may hear it, in Courtroom 5,

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4th Floor, San Jose Courthouse, at 2:00 PM.

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2.

All other dates will be unchanged by this stipulation and order.

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Date: December 5, 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: December 5, 2011

LATHAM & WATKINS LLP

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/s/
-2STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
CV11-03786 PSG

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Richard G. Frenkel

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Attorneys for Defendants and Counter-Complainant
WESTERN DIGITAL CORPORATION,
WESTERN DIGITAL TECHNOLOGIES, INC.,
WESTERN DIGITIAL (FREMONT), LLC,
WESTERN DIGITAL (THAILAND) COMPANY
LIMITED, WESTERN DIGITAL (MALAYSIA)
Sdn. Bhd.

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PURUSANT TO STIPULATION, the Initial Case Management Conference shall be continued to

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IT IS SO ORDERED.

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Dated:

, 2011

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

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-3STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
CV11-03786 PSG