eSilicon Corporation v. Silicon Space Technology Corporation

Filing 81

STIPULATION AND ORDER re 80 STIPULATION WITH PROPOSED ORDER Modifying Briefing Deadlines re eSilicon's Motion for Judgment on the Pleadings filed by Silicon Space Technology Corporation. Signed by Judge Elizabeth D. Laporte on August 17, 2012. (edllc2, COURT STAFF) (Filed on 8/17/2012)

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Case3:11-cv-06184-EDL Document80 Filed08/16/12 Page1 of 4 1 2 3 4 5 6 7 DENISE M. DE MORY (SBN 168076) ddemory@bdiplaw.com CHRISTINA M. FINN (SBN 2478380 cfinn@bdiplaw.com BUNSOW, DE MORY, SMITH & ALLISON LLP 55 Francisco Street, 6th Floor San Francisco, CA 94133 Telephone: +1 415 426 4747 Facsimile: +1 415 426 47444 Attorneys for Defendant SILICON SPACE TECHNOLOGY CORPORATION 8 IN THE UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 eSILICON CORPORATION, a Delaware Corporation, 13 14 15 ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. SILICON SPACE TECHNOLOGY CORPORATION, a Delaware Corporation, 16 Defendant. 17 Case No. 3:11-cv-06184-EDL STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING DEADLINES RE ESILICON’S MOTION FOR JUDGMENT ON THE PLEADINGS [77] 18 19 20 IT IS HEREBY STIPULATED by and between Plaintiff eSilicon Corporation (“eSilicon”) 21 through its counsel of record and Defendant Silicon Space Technology Corporation (“SST”) through 22 its counsel of record and based upon the following facts: 23 1. On August 7, eSilicon filed a Motion for Judgment on the Pleadings. The deadline for SST 24 to file its opposition brief was set for August 21, 2012. The deadline for eSilicon to file its reply 25 brief was set for August 28, 2012. The Motion was noticed for hearing on September 18, 2012. See 26 Docket No. 77. 27 28 1 STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING DEADLINES RE DOCKET NO. 77 CASE NO. 3:11-CV-06184-EDL US1 32331068.1 Case3:11-cv-06184-EDL Document80 Filed08/16/12 Page2 of 4 1 2. On August 8, 2012, lead counsel for SST, Denise De Mory, departed for a family vacation 2 that was recently rescheduled to avoid deadlines in other cases. Ms. De Mory returns August 20, 3 2012, and then will be traveling for a mediation later that same week. On August 9, 2012, SST 4 requested the eSilicon extend the time for briefing as well as move the hearing date. e-Silicon 5 agreed to a one week extension for SST to file an opposition. 6 3. On August 10, 2012, the Court reset the hearing for eSilicon’s Motion for Judgment on the 7 Pleadings to September 25, 2012. The Court did not modify the briefing deadlines. See Docket No. 8 56. 9 4. Due to Ms. De Mory’s unavailability, counsel for eSilicon has agreed that SST shall have an 10 additional week to file its Opposition to the Motion for Judgment on the Pleadings. The parties 11 agree that the briefing deadlines should be modified such that the deadline for SST to file its 12 opposition brief should be August 28, 2012, and the deadline for eSilicon to file its reply brief 13 should be September 4, 2012. 14 5. Neither the parties nor the Court will be prejudiced by the proposed modification because the 15 parties will have at least the amount of time provided by the Local Rules, and the Court will have 16 three weeks to consider the parties’ briefs prior to the hearing, which is a week more than is required 17 under the Local Rules. 18 IT IS SO STIPULATED. 19 20 Respectfully submitted, Dated: August 16, 2012 BUNSOW, DE MORY, SMITH & ALLISON LLP 21 22 /s/ Denise M. De Mory Denise M. De Mory By: 23 Attorneys for Defendant SILICON SPACE TECHNOLOGY CORPORATION 24 25 26 27 28 2 STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING DEADLINES RE DOCKET NO. 77 CASE NO. 3:11-CV-06184-EDL US1 32331068.1 Case3:11-cv-06184-EDL Document80 Filed08/16/12 Page3 of 4 FENWICK & WEST LLP 1 2 /s/ Ryan Tyz Ryan Tyz By: 3 FENWICK & WEST LLP Silicon Valley Center 801 California Street Mountain View, CA 94041 Telephone: +1 650 988 8500 Facsimile: +1 650 938 5200 4 5 6 7 Attorneys for Plaintiff eSILICON CORPORATION 8 9 10 11 12 CERTIFICATION BY DENISE M. DE MORY PURSUANT TO GENERAL ORDER NO. 45, SECTION X, RE E-FILING ON BEHALF OF MULTIPLE SIGNATORIES I am an attorney licensed to practice law in the State of California, and am an attorney in the 13 law firm of BUNSOW, DE MORY, SMITH & ALLISON LLP, counsel for Defendant, Silicon 14 Space Technology Corporation. The statements herein are made on my personal knowledge, and if 15 called as a witness, I could and would testify thereto. 16 The above e-filed document contains multiple signatures. I declare that concurrence has 17 been obtained from each of the other signatories to file document with the Court. Pursuant to 18 General Order No. 45, I shall maintain records to support this concurrence for subsequent production 19 for the Court if so ordered, or for inspection upon request by a party until one year after final 20 resolution of this action (including appeal, if any). 21 22 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct on this 16th day of August, 2012. 23 By: 24 /s/ Denise M. De Mory Denise M. De Mory 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING DEADLINES RE DOCKET NO. 77 CASE NO. 3:11-CV-06184-EDL US1 32331068.1 Case3:11-cv-06184-EDL Document80 Filed08/16/12 Page4 of 4 [PROPOSED] ORDER 1 2 Pursuant to the foregoing stipulation, it is hereby ordered that: 3 The deadline for SST to file its opposition brief to eSilicon’s Motion for Judgment on the 4 Pleadings [77] is set to August 28, 2012. The deadline for eSilicon to file its reply brief is set to 5 September 4, 2012. 6 7 8 Dated: August 17, 2012 Honorable Elizabeth D. Laporte 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING DEADLINES RE DOCKET NO. 77 CASE NO. 3:11-CV-06184-EDL US1 32331068.1

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