Dong v. Various, Inc. et al

Filing 17

ORDER STAYING CASE. Accordingly, this action is STAYED in favor of Defendants' bankruptcy proceedings as to all claims asserted against Defendants until further order of the court. The clerk shall ADMINISTRATIVELYCLOSE this file. Joint Case Management Statement due by 12/6/2013. Case Management Conference set for 12/13/2013 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. ***10/18/2013 CMC Deadlines terminated. Signed by Judge Edward J. Davila on 9/18/2013. (ecg, COURT STAFF) (Filed on 9/18/2013)

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1 2 3 4 5 6 7 8 9 10 Sid Leach (Bar No. TX 12086400 & AZ 019519) sleach@swlaw.com David E. Rogers (AZ 19274 pro hac vice) drogers@swlaw.com David G. Barker (AZ 024657 pro hac vice) dbarker@swlaw.com Jacob C. Jones (AZ 029971 pro hac vice) jcjones@swlaw.com SNELL & WILMER L.L.P. One Arizona Center 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 Telephone: 602.382.6000 Facsimile: 602.382.6070 SPENCER HOSIE (CA Bar No. 101777) shosie@hosielaw.com DIANE S. RICE (CA Bar No. 118303) drice@hosielaw.com DARRELL R. ATKINSON (CA Bar No. 280564) datkinson@hosielaw.com HOSIE RICE LLP 600 Montgomery Street, 34th Floor San Francisco, CA 94111 (415) 247-6000 Tel. (415) 247-6001 Fax Attorneys for Defendant VENTURE CORPORATION AND CEBELIAN HOLDING PTE, LTD. Attorneys for Plaintiff FITEQ, INC. 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 15 FITEQ, INC., 16 17 18 19 20 Case No. 13-cv-01946-EJD Plaintiff, v. VENTURE CORPORATION AND CEBELIAN HOLDING PTE, LTD., XXXXXXXX STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF TIME TO RESPOND TO PLAINTIFF FITEQ, INC.’S MOTION FOR PRELIMINARY INJUNCTION Defendant. 21 Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff FiTeq, Inc. (“FiTeq” or “Plaintiff”) 22 and Defendants Venture Corporation (“Venture” or “Defendant”) and Cebelian Holding Pte, Ltd. 23 (“Cebelian” or Defendant”) hereby stipulate through their respective counsel of record as follows: 24 WHEREAS, on September 13, 2013, Plaintiff filed its Notice of Motion and Motion for 25 Preliminary Injunction (hereafter, “Motion”) requesting an Order to be entered requiring 26 Defendant Venture to produce certain documentation; 27 WHEREAS, Ventures’ Opposition to the Motion is currently due on or before September 28 SNELL & WILMER —————— L.L.P. —————— PHOENIX Stipulation and [Proposed] Order Regarding Extension of Time to Respond Case No. 13-CV-01946-EJD 1 27, 2013; 2 WHEREAS, Venture has requested an extension of time as set forth below, the Parties 3 stipulate and agree that Venture’s Opposition to FiTeq’s Motion is due one week later than its 4 presently scheduled due date of September 27, 2013, i.e., by October 4, 2013, and FiTeq’s Reply 5 Brief is due by October 11, 2013; and 6 WHEREAS FiTeq’s agreement to the extension is conditioned upon there being no 7 extension of the date of hearing, so that the Parties stipulate that this change in the briefing 8 schedule shall not change the hearing date of October 18, 2013 at 9:00 a.m.; 9 10 11 12 13 WHEREAS, no trial date has yet been set in this action; WHEREAS, the Parties have not requested nor received any previous extensions of time related to the Motion; WHEREAS, this extension will not affect or change the other dates currently scheduled by the Court; and 14 NOW THEREFORE the Parties through their undersigned counsel hereby stipulate and 15 request that the Court grant, pursuant to Civil Local Rule 6-2, that Venture’s time to oppose the 16 Motion is extended to October 4, 2013 and that FiTeq’s time to file its reply brief is extended to 17 October 11, 2013, while the hearing date shall remain unchanged, on October 18, 2013. 18 IT IS SO STIPULATED. 19 20 21 22 23 24 25 26 27 28 SNELL & WILMER ATTORNEYS AT LAW PHOENIX Stipulation and [Proposed] Order Regarding Extension of Time to Respond -2- Case No. 13-CV-01946-EJD 1 Dated: September 17, 2013 SNELL & WILMER L.L.P. 2 By: /s/ David E. Rogers Sid Leach David E. Rogers David G. Barker Jacob C. Jones 3 4 5 Attorneys for Defendant Venture Corporation and Cebelian Holding Pte, LTD. 6 7 8 HOSIE RICE LLP 9 By: /s/ Spencer Hosie Spencer Hosie Attorneys for FiTeq, Inc. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SNELL & WILMER ATTORNEYS AT LAW PHOENIX Stipulation and [Proposed] Order Regarding Extension of Time to Respond -3- Case No. 13-CV-01946-EJD 1 2 ATTESTATION I hereby attest pursuant to General Order 45.X.B. that concurrence in the electronic filing 3 of this document has been obtained from the other signatories. 4 Dated: September 17, 2013 5 /s/ David E. Rogers David E. Rogers 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SNELL & WILMER ATTORNEYS AT LAW PHOENIX Stipulation and [Proposed] Order Regarding Extension of Time to Respond -4- Case No. 13-CV-01946-EJD 1 2 [PROPOSED] ORDER XXXXXXXX PURSUANT TO STIPULATION IT IS ORDERED THAT (1) Defendants’ time to 3 oppose FiTeq’s Motion for Preliminary Injunction is extended to October 4, 2013, such that 4 Defendant will be deemed to have timely filed and served its opposition if filed and served by 5 October 4, 2013, (2) FiTeq’s time to file its reply brief is extended to October 11, 2013, such that 6 FiTeq will have deemed to have timely filed and served its reply brief if filed and served by 7 October 11, 2013, and (3) the hearing date for the Motion shall remain on October 18, 2013 at 8 9:00 a.m. 9 10 18 Dated: September ___, 2013 11 __________________________________ Honorable Edward J. Davila U.S. District Court Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SNELL & WILMER ATTORNEYS AT LAW PHOENIX Stipulation and [Proposed] Order Regarding Extension of Time to Respond -5- Case No. 13-CV-01946-EJD

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