Technology Licensing Corporation v. Grass Valley USA, Inc

Filing 34

AMENDED ORDER re 33 Order on Stipulation Continuing Case Management Conference and Related Dates. Signed by Judge Edward J. Davila on 6/28/2013. (ecg, COURT STAFF) (Filed on 6/28/2013)

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Gregory L. Lippetz (Bar No. 154228)
[e-mail]
Laurie M. Charrington (Bar No. 229679)
[e-mail]
Iman Lordgooei (Bar No. 251320)
[e-mail]
Heather Fugitt (Bar No. 261588)
[e-mail]
JONES DAY
Silicon Valley Office
1755 Embarcadero Road
Palo Alto, CA 94303
Telephone:
+1.650.739.3939
Facsimile:
+1.650.739.3900
Vicki S. Veenker (Bar No. 158669)
[e-mail]
VEENKER LAW OFFICES
2091 Barbara Drive
Palo Alto, CA 94303
Telephone: [phone]

DAVIS WRIGHT TREMAINE LLP
MARTIN L. FINEMAN, Bar No. 104413
505 Montgomery Street, Suite 800
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
NIRO HALLER & NIRO
RAYMOND P. NIRO (Member of the N.D.
Cal. Bar)
[e-mail]
JOSEPH N. HOSTENY (pro hac vice)
[e-mail]
ARTHUR A. GASEY (pro hac vice)
[e-mail]
181 West Madison Street, Suite 4600
Chicago, Illinois 60602
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
TECHNOLOGY LICENSING CORP.

Attorneys for Defendant
GRASS VALLEY USA, LLC

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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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TECHNOLOGY LICENSING
CORPORATION,
Plaintiff,
v.
GRASS VALLEY USA, LLC,

Case No. 5:12-cv-06060-EJD
AMENDED
JOINT STIPULATION AND
XXXXXXXX
[PROPOSED] ORDER TO
RESCHEDULE CASE
MANAGEMENT CONFERENCE AND
RELATED DATES
Hon. Edward J. Davila

Defendant.
AND RELATED COUNTERCLAIMS

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STIPULATION TO RESCHEDULE CMC AND
RELATED DEADLINES
Case No. 5:12-cv-06060-EJD

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Pursuant to Civil L.R. 6-1(b) and 6-2(a), and subject to the Court’s approval, Defendant

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Grass Valley USA, LLC (“Grass Valley”) and Plaintiff Technology Licensing Corporation

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(“TLC”) hereby jointly request that the Court extend the dates currently set with respect to the

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Case Management Conference (“CMC”) scheduled in the above-captioned action.

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On March 5, 2013, Grass Valley filed its Declination to Proceed Before a Magistrate

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Judge and Request for Reassignment to a United States District Judge. (ECF No. 21.) On the

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same day, the above-captioned action was reassigned from the Honorable Maria-Elena James,

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United States Magistrate Judge, to the Honorable Edward J. Davila, United States District Judge,

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for all further proceedings. (ECF No. 23.) On March 6, 2013, the Court issued a notice resetting

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the CMC to July 12, 2013, and setting July 5, 2013, as the deadline for the parties to file their

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Joint Case Management Statement. (ECF No. 24.)

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On June 18, 2013, TLC informed Grass Valley that it intends to file a motion to amend its

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complaint to assert two additional patents in this lawsuit. (Lippetz Decl. at ¶ 1.) The parties

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therefore agree and hereby stipulate that it would be more efficient to postpone the CMC at least

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70 days, until it is determined which patents and accused products will be litigated in this lawsuit

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and the parties’ pleadings related to such patents are complete. In particular, having a final

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resolution on the number and identity of patents in suit, the asserted claims and accused products,

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will allow the parties to negotiate, and propose for the Court’s adoption, an appropriate schedule

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and scope of discovery in this action.

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Accordingly, in order to permit the parties time to finalize the pleadings, the parties

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hereby stipulate and jointly request that the Court reset and extend the CMC deadlines under the

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current schedule, as follows:

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

Initial CMC: a date convenient to the Court’s calendar at least 70 days after the

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currently scheduled Initial CMC date of July 12, 2013, i.e. no earlier than September

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20, 2013; and

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

Joint Case Management Statement: 7 days prior to the Initial CMC.

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STIPULATION TO RESCHEDULE CMC AND
RELATED DATES
Case No. 5:12-cv-06060-EJD

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The parties further stipulate to extend the date for commencement of discovery to a date

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21 days before the extended CMC date, and to extend the date for service of initial disclosures to

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seven days before the extended CMC date, both subject to the Court’s approval of the extended

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CMC date.

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The requested extension will not affect any other Court dates or deadlines in this case.

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This request for extension is further supported by the Declaration of Gregory L. Lippetz, filed

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concurrently herewith in accordance with Civil L.R. 6-2(a).

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IT IS SO STIPULATED.
Dated: June 26, 2013

Respectfully submitted,

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JONES DAY

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By:

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/s/Gregory L. Lippetz
Gregory L. Lippetz

Attorneys for Defendant
GRASS VALLEY USA, LLC

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ATTESTATION

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I, Gregory L. Lippetz, an ECF User whose ID and password are being used to file this

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Joint Stipulation to Extend Deadlines Related to Case Management Conference, in compliance

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with Civil L.R. 5-1(i)(3), hereby attest that Joseph N. Hosteny of Niro, Haller & Niro, attorneys

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for Technology Licensing Corporation, have concurred with this filing.

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Dated: June 26, 2013

NIRO, HALLER & NIRO
By:

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/s/ Joseph N. Hosteny
Joseph N. Hosteny

Attorneys for Plaintiff
TECHNOLOGY LICENSING
CORPORATION

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STIPULATION TO RESCHEDULE CMC AND
RELATED DATES
Case No. 5:12-cv-06060-EJD

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IT IS ORDERED THAT:
September 20
The Case Management Conference in this matter is rescheduled for _________________,

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2013. at 10:00 AM. The parties shall file a joint case management conference statement on or

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before Septemer 13, 2013

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DATED:

6/28/2013

HON. EDWARD J. DAVILA
U.S. DISTRICT COURT JUDGE

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SVI-127265v1

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STIPULATION TO RESCHEDULE CMC AND
RELATED DATES
Case No. 5:12-cv-06060-EJD