Cisco Systems Inc v. STMicroelectronics Inc

Filing 17

STIPULATION AND ORDER 16 Setting Hearing Date and Briefing Schedule for Defendant's Motion to Dismiss and Special Motion to Strike. Signed by Judge Ronald M. Whyte on 8/14/14. (jgS, COURT STAFF) (Filed on 8/14/2014)

1
2
3
4
5
6
7

Sara B. Brody, SBN 130222
[e-mail]
Nicole M. Ryan, SBN 175980
[e-mail]
Ryan G. Fant, SBN 274153
[e-mail]
SIDLEY AUSTIN LLP
555 California Street, Suite 2000
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
STMICROELECTRONICS, INC.

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11

SAN JOSE DIVISION

12

CISCO SYSTEMS, INC., a California
Corporation,

13

Plaintiff,

14
15
16
17

v.
STMICROELECTRONICS, INC., a Delaware
Corporation, and DOES 1 through 20,
inclusive,
Defendant.

Case No. 14-cv-03236-RMW
STIPULATION AND [] ORDER
SETTING HEARING DATE AND
BRIEFING SCHEDULE FOR
DEFENDANT’S MOTION TO DISMISS
AND SPECIAL MOTION TO STRIKE
Date:
Time:
Place:
Judge:

September 19, 2014
9:00 a.m.
Courtroom 6, 4th Floor
Hon. Ronald M. Whyte

18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [ORDER SETTING HEARING DATE AND BRIEFING SCHEDULE ON DEFENDANT’S MOTION
TO DISMISS AND SPECIAL MOTION TO STRIKE - CASE NO. 14-CV-03236-RMW

Plaintiff Cisco Systems, Inc. (“Plaintiff”) and Defendant STMicroelectronics, Inc.

1
2

(“Defendant”), by and through their undersigned counsel, hereby stipulate as follows:
WHEREAS, on June 13, 2014, Plaintiff filed the Complaint against Defendant in Santa Clara

3
4

Superior Court;
WHEREAS, on July 17, 2014, Defendant removed the action to the United States District

5
6

Court for the Northern District of California, San Jose Division;
WHEREAS, on July 24, 2014, Defendant filed a motion to dismiss and a special motion to

7
8

strike (“Motions”) in response to the Complaint with an agreed-upon hearing date of September 19,

9

2014;

10

WHEREAS, under Civil L.R. 7-3, the due date for Plaintiff to file Oppositions to the

11

Motions would be August 7, 2014, and the due date for Defendant to file Replies to the Oppositions

12

would be August 14, 2014;

13

WHEREAS, the parties agree that extending the deadlines for the Oppositions and Replies

14

and setting the hearing date for September 19, 2014, would allow the parties to fully brief the issues

15

and provide the Court with sufficient time to evaluate the pleadings prior to the hearing;

16

THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the

17

undersigned, subject to the approval of the Court, that the briefing schedule on Defendant’s Motions,

18

and the hearing on the Motions, will be as follows:

19

Plaintiff’s Opposition

Due August 18, 2014

20

Defendant’s Reply in support of its Motions

Due September 4, 2014

21

Hearing on Defendant’s Motions

September 19, 2014 at 9:00 a.m.

22

Dated: July 25, 2014

Respectfully submitted,

23

SIDLEY AUSTIN LLP

24
25

By: /s/ Nicole M. Ryan
Nicole M. Ryan

26

Attorneys for Defendant
STMicroelectronics, Inc.

27
28
1

STIPULATION AND [] ORDER SETTING HEARING DATE AND BRIEFING SCHEDULE ON DEFENDANT’S MOTION
TO DISMISS AND SPECIAL MOTION TO STRIKE - CASE NO. 14-CV-03236-RMW

1

Dated: July 25, 2014

Respectfully submitted,

2

WINSTON & STRAWN LLP

3
By: /s/ Krista M. Enns
Krista M. Enns

4
5

Attorneys for Plaintiff Cisco Systems, Inc.

6
7
8
9
10

SIGNATURE ATTESTATION
I am the ECF User whose identification and password are being used to file the foregoing
Stipulation and [Proposed] Order Setting Hearing Date and Briefing Schedule. In compliance with
General Order 45.X.B., I hereby attest that the other signatory has concurred in this filing.

11
12

Dated: July 25, 2014

SIDLEY AUSTIN LLP

13
14

By: /s/ Nicole M. Ryan
Nicole M. Ryan

15

Attorneys for Defendant
STMicroelectronics, Inc.

16
17
18
19
20
21
22
23
24
25
26
27
28
2

STIPULATION AND [] ORDER SETTING HEARING DATE AND BRIEFING SCHEDULE ON DEFENDANT’S MOTION
TO DISMISS AND SPECIAL MOTION TO STRIKE - CASE NO. 14-CV-03236-RMW

1

[PROPOSED] ORDER

2

The parties having agreed to the following deadlines and hearing date, IT IS HEREBY

3

ORDERED THAT the following briefing schedule and hearing date are set for Defendant’s motion

4

to dismiss and special motion to strike (“Motions”) in response to Plaintiff’s Complaint.

5

Plaintiff’s Opposition

Due August 18, 2014

6

Defendant’s Reply in support of its Motions

Due September 4, 2014

7

Hearing on Defendant’s Motions

September 19, 2014 at 9:00 a.m.

8
9

IT IS SO ORDERED.

10
11
12
Dated:

, 2014
Hon. Ronald M. Whyte
United States District Court Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
202817739

STIPULATION AND [ ORDER SETTING HEARING DATE AND BRIEFING SCHEDULE ON DEFENDANT’S MOTION
TO DISMISS AND SPECIAL MOTION TO STRIKE - CASE NO. 14-CV-03236-RMW