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

Filing 63

STIPULATION AND ORDER TO CONTINUE HEARING ON PLAINTIFF'S MOTION TO DISMISS DEFENDANTS' AMENDED COUNTERCLAIMS, re 62 Stipulation, filed by Western Digital (Fremont) Inc, Western Digital (Malaysia) SDN.BHD., Western Digital Technol ogies, Inc., Western Digital (Thailand) Company Limited, Western Digital Corporation. 1/24/2012 Motion Hearing (Docket 51 ) continued to 1/31/2012 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Signed by Judge Paul S. Grewal on 1/10/2012. (ofr, COURT STAFF) (Filed on 1/10/2012)

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STEVEN M. BAUER, Bar No. 135067
[e-mail]
JAMES L. DAY, Bar No. 197158
[e-mail]
SVETLANA M. BERMAN, Bar No. 239445
[e-mail]
MOHITH R. JULAPALLI, Bar No. 268240
[e-mail]
LATHAM & WATKINS LLP
505 Montgomery Street, Suite 2000
San Francisco, CA 94111-6538
Telephone: [phone]
Facsimile: [phone]

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RICHARD G. FRENKEL, Bar No. 204133
[e-mail]
LATHAM & WATKINS LLP
140 Scott Drive
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants and Counterclaim Plaintiffs

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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 and Counterclaim Defendant,
v.
WESTERN DIGITAL CORPORATION,
WESTERN DIGITAL TECHNOLOGIES, INC.,
and WESTERN DIGITAL (FREMONT) INC.,

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Defendants and Counterclaim Plaintiffs, and

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WESTERN DIGITAL (THAILAND) COMPANY
LIMITED and WESTERN DIGITAL
(MALAYSIA) SDN.BHD,

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CASE NO. 5:11-CV-03786-PSG
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE HEARING ON
PLAINTIFF’S MOTION TO DISMISS
DEFENDANTS’ AMENDED
COUNTERCLAIMS
Date: January 24, 2012 [PROPOSED
CHANGE TO January 31, 2012]
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

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

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“Western Digital”), hereby stipulate through their respective counsel of record as follows:

ATTORNEYS AT LAW
SILICON VALLEY

STIPULATION AND [PROPOSED] ORDER TO CONTINUE
HEARING ON PLAINTIFF’S MOTION TO DISMISS
5:11-CV-03786-PSG

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WHEREAS, on December 6, 2012, GTE filed a motion to dismiss Western Digital’s

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counterclaims for induced and contributory infringement under Federal Rule of Civil Procedure

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12(b)(6) and proposed a hearing date and time of January 10, 2012, 10:00 a.m. (Dkt. No. 51);

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WHEREAS, after briefing was completed, the Court issued an Order continuing the
hearing on the motion to dismiss to January 24, 2012, 10:00 a.m. (Dkt. No. 61);
WHEREAS, certain counsel for Western Digital cannot attend the scheduled hearing due
to an unavoidable conflict with a previously scheduled hearing in another matter;
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
January 31, 2012, 10:00 a.m.; and

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WHEREAS, the parties’ undersigned counsel hereby declare that the requested time

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modifications 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:
The hearing on Western Digital’s motion to dismiss will be continued from January 24,
2012 to January 31, 2012, in Courtroom 5, 4th Floor, San Jose Courthouse, at 10:00 a.m.

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Dated: January 10, 2012

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LATHAM & WATKINS, LLP
By: /s/ Richard G. Frenkel
Richard G. Frenkel
Attorneys for Defendants/Counterclaim Plaintiffs
Western Digital Corporation et al.

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Dated: January 10, 2012

BERGESON, LLP

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ATTORNEYS AT LAW
SILICON VALLEY

By: /s/ Jaideep Venkatesan
Jaideep Venkatesan
Attorneys for Plaintiff/Counterclaim Defendant
Guzik Technical Enterprises, Inc.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE
HEARING ON PLAINTIFF’S MOTION TO DISMISS
5:11-CV-03786-PSG

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: January 10, 2012

HON. PAUL SINGH GREWAL
UNITED STATES MAGISTRATE JUDGE

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ATTORNEYS AT LAW
SILICON VALLEY

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE
HEARING ON PLAINTIFF’S MOTION TO DISMISS
5:11-CV-03786-PSG