Mitac Digital Corporation v. Hon Hai Precision Industry Inc. et al

Filing 39

ORDER granting Stipulation. Signed by Judge Beth Labson Freeman on 8/25/2014. (blflc3S, COURT STAFF) (Filed on 8/25/2014)

Case5:13-cv-03704-BLF Document38 Filed08/20/14 Page1 of 3

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PAUL E. RICE, A PROFESSIONAL CORPORATION
Paul E. Rice (State Bar No. 062509)
350 Cambridge Avenue, Suite 225
Palo Alto, CA 94306
Telephone: [phone]
Facsimile: 650-289-9093
[e-mail]
Attorneys for Plaintiff/Counter-defendant
MiTAC Digital Corporation

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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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350 Cambridge Ave., Suite 225
Palo Alto, CA 94306
[phone]

PAUL E. RICE,
A PROFESSIONAL CORPORATION

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MITAC DIGITAL CORPORATION,
Plaintiff,

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STIPULATION AND [PROPOSED]
ORDER TO PERMIT FILING OF
SECOND AMENDED COMPLAINT

v.
HON HAI PRECISION INDUSTRY, INC.,
Defendant.

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Case No. 13-CV-03704-BLF

HON HAI PRECISION INDUSTRY, CO.,
LTD.,

Honorable Beth Labson Freeman

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Counter-claimant,
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v.
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MITAC DIGITAL CORPORATION, INC.;
MAGELLAN NAVIGATION, INC.,; and
ROES 1-50, inclusive,

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Counter-defendants.
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WHEREAS Plaintiff MITAC DIGITAL CORPORATION has provided to Defendant HON

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HAI PRECISION INDUSTRY, CO., LTD. a proposed Second Amended Complaint a copy of which

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sans lengthy exhibits is attached hereto as Exhibit 1.

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WHEREAS HON HAI PRECISION INDUSTRY, CO., LTD has reviewed said proposed

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STIPULATION AND [PROPOSED] ORDER PERMITTING FILING OF SECOND AMENDED COMPLAINT.
Case No. 13-CV-03704-BLF

Case5:13-cv-03704-BLF Document38 Filed08/20/14 Page2 of 3

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Second Amended Complaint.

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2015, subject to Court order, and to a rescheduling by approximately 90 to 120 days of all attending

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dates currently set, for reasons including the necessity of taking numerous depositions in Taiwan,

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including non-party depositions, as well as other depositions outside of California and the

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complexities and delays involved in such, particularly as to non-party depositions in Taiwan, as well

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as the desire of HON HAI PRECISION INDUSTRY, CO., LTD to conduct discovery related to

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additional facts and claims set forth in the proposed Second Amended Complaint. The parties have

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agreed to the filing of said proposed Second Amended Complaint, with Defendant to have thirty days

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to respond thereto: which agreement is not conditioned upon the Court vacating the existing trial date

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350 Cambridge Ave., Suite 225
Palo Alto, CA 94306
[phone]

WHEREAS the parties have agreed in principal to vacate the existing trial date of March 2,

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PAUL E. RICE,
A PROFESSIONAL CORPORATION

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and or rescheduling other dates.

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IT IS SO STIPULATED.

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Dated: August 20, 2014

PAUL E. RICE,
A PROFESSIONAL CORPORATION

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By: /s/ Paul E. Rice
Paul E. Rice
Attorneys for Plaintiff/Counter-defendant
MiTAC Digital Corporation

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STIPULATION AND [PROPOSED] ORDER PERMITTING FILING OF SECOND AMENDED COMPLAINT.
Case No. 13-CV-03704-BLF

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Dated: August 20, 2014

ROPERS, MAJESKI, KOHN & BENTLEY

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By: /s/ Ivan L. Tjoe
Ivan L. Tjoe.
Jeff W. Poole
Attorneys for Defendant/Counter-claimant
Hon Hai Precision Industry Co., Ltd.

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The above having been considered, and good cause shown:

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IT IS HEREBY ORDERED THAT: Plaintiff may file its proposed Second Amended Complaint and

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that Defendant shall have thirty days to respond thereto.

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350 Cambridge Ave., Suite 225
Palo Alto, CA 94306
[phone]

PAUL E. RICE,
A PROFESSIONAL CORPORATION

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August 25, 2014
Dated: ______________________

_________________________________
U.S. District Judge Beth Labson Freeman

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STIPULATION AND [PROPOSED] ORDER PERMITTING FILING OF SECOND AMENDED COMPLAINT.
Case No. 13-CV-03704-BLF