U2 Home Entertainment, Inc. v. Hanya Star Culture & Technology Co., Ltd. et al, No. 3:2010cv05615 - Document 39 (N.D. Cal. 2011)
Court Description: ORDER GRANTING 38 Stipulation Continuing Case Management Conference, Case Management Conference Statement. Case Management Statement due by 7/15/2011. Case Management Conference set for 7/22/2011 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 3/23/11. (jjoS, COURT STAFF) (Filed on 3/23/2011)
Download PDF
<![CDATA[
U2 Home Entertainment, Inc. v. Hanya Star Culture & Technology Co., Ltd. et al Case3:10-cv-05615-JSW Document38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Doc. 39 Filed03/22/11 Page1 of 7 RICHARD J. IDELL (SBN: 069033) ELIZABETH J. REST (SBN: 244756) IDELL & SEITEL LLP 465 California Street, Suite 300 San Francisco, CA 94104 Telephone: (415) 986-2400 Facsimile: (415) 392-9259 Emails: ridell@idellseitel.com; erest@idellseitel.com Attorneys for Plaintiff U2 HOME ENTERTAINMENT, INC. TOD L. GAMLEN (SBN: 83458) KEITH L. WURSTER (SBN: 198918) BAKER & McKENZIE LLP 660 Hansen Way Palo Alto, CA 94304-1044 Telephone: (650) 856-2400 Facsimile: (650) 856-9299 Emails: tod.gamlen@bakermckenzie.com; keith.wurster@bakermckenzie.com Attorneys for Defendant iTALK GLOBAL COMMUNICATIONS, INC. 15 16 17 18 19 20 21 22 DARRYL M. WOO (SBN: 100513) LIWEN A. MAH (SBN: 239033) FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, California 94104 Telephone: (415) 875-2300 Facsimile: (415) 281-1350 Emails: dwoo@fenwick.com; lmah@fenwick.com Attorneys for Defendant HANYA STAR CULTURE & TECHNOLOGY CO., LTD. 23 UNITED STATES DISTRICT COURT 24 NORTHERN DISTRICT OF CALIFORNIA 25 NORTHERN DIVISION 26 27 28 U2 HOME ENTERTAINMENT, INC., a California Corporation doing business as CENTURY HOME ENTERTAINMENT and TAI SENG ENTERTAINMENT, ) Case No.: CV 10-05615 JSW ) ) STIPULATION AND [PROPOSED] ORDER ) CONTINUING CASE MANAGEMENT 1 STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE, CASE MANAGEMENT CONFERENCE STATEMENT DEADLINE AND INITIAL DISCLOSURE DEADLINE Case No.: CV 10-05615 JSW Dockets.Justia.com Case3:10-cv-05615-JSW Document38 1 2 3 4 5 6 7 8 9 10 ) ) Plaintiff, ) ) vs. ) HANYA STAR CULTURE & TECHNOLOGY ) CO., LTD., a foreign corporation doing business ) ) in California as HANYA STAR COMPANY, ) INC. and CHARMING CHINA; ITALK ) GLOBAL COMMUNICATIONS, INC., a foreign corporation doing business in California ) ) as ITALKBB and ITALK-BB; and DOES 1 ) through 1,000, inclusive, ) ) Defendants. Filed03/22/11 Page2 of 7 CONFERENCE, CASE MANAGEMENT CONFERENCE STATEMENT DEADLINE AND INITIAL DISCLOSURE DEADLINE Complaint Filed: December 10, 2010 First Amended Complaint Filed: March 11, 2011 Honorable Judge Jeffrey S. White, Presiding (E-filing) 11 Pursuant to Rule 6(b) of the Federal Rules of Civil Procedure and Rule 6-1(b) of the Civil Local 12 Rules of the United States District Court, Northern District of California, Plaintiff U2 HOME 13 ENTERTAINMENT, INC., a California Corporation doing business as CENTURY HOME 14 ENTERTAINMENT and TAI SENG ENTERTAINMENT (“U2” or “Plaintiff”), on the one hand, and 15 Defendants HANYA STAR CULTURE & TECHNOLOGY CO., LTD., a foreign corporation, which 16 Plaintiff contends is doing business in California as HANYA STAR COMPANY, INC. and 17 CHARMING CHINA (“Hanya Star”), and ITALK GLOBAL COMMUNICATIONS, INC., which 18 Plaintiff contends is a foreign corporation doing business in California as ITALKBB and ITALK-BB 19 (“iTalk”) (collectively, Hanya Star and iTalk may be referred to as “Defendants”), on the other hand, 20 without waiver of any objection or defense, hereby agree and stipulate as set forth below. 21 This Stipulation and Proposed Order are being submitted for the purpose of continuing the Case 22 Management Conference (“CMC”) in this case, which is currently scheduled for April 1, 2011, to May 23 13, 2011 (or to a date thereafter that is convenient to the Court), as well as other case management 24 deadlines that are tied to the date of the CMC. As set forth in the Recitals below, the parties each 25 believe that good cause exists for the continuation of such CMC in light of the present posture of this 26 case, including a motion filed by Hanya Star under Fed. R. Civ. P. 12(b)(5) for insufficient service of 27 process which is scheduled to be heard on April 22, 2011. 28 // 2 STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE, CASE MANAGEMENT CONFERENCE STATEMENT DEADLINE AND INITIAL DISCLOSURE DEADLINE Case No.: CV 10-05615 JSW Case3:10-cv-05615-JSW Document38 1 Filed03/22/11 Page3 of 7 RECITALS 2 WHEREAS, Plaintiff filed its Complaint on December 10, 2010 (“Complaint”); and 3 WHEREAS, the Honorable Judge Jeffrey S. White entered an order on February 3, 2011 4 (“CMC Order”) (Doc. No. 13), scheduling the initial Case Management Conference in this matter for 5 April 1, 2011, at 1:30 p.m., in Courtroom 11, 19th Floor, Federal Building, 450 Golden Gate Avenue, 6 San Francisco, California; and 7 8 WHEREAS, the CMC Order requires that the parties file a joint case management statement no later than five (5) court days prior to the conference, or no later than March 25, 2011; and 9 WHEREAS, on February 14, 2011, iTalk filed a Motion to Dismiss the Complaint under Fed. R. 10 Civ. P. 12(b)(6) for failure to state a claim (“iTalk’s Feb. 14 Rule 12(b)(6) Motion”) (Doc. Nos. 19-22); 11 and 12 WHEREAS, on February 18, 2011, Hanya Star filed a Motion to Dismiss the Complaint under 13 Fed. R. Civ. P. 12(b)(5) for insufficient service and under Fed. R. Civ. P. 12(b)(6) for failure to state a 14 claim (such motions are referred to as “Hanya Star’s Feb. 18 Rule 12(b)(5)” and/or “Hanya Star’s Feb. 15 18 Rule 12(b)(6) Motion” as the case may be) (Doc. Nos. 24-26); and 16 WHEREAS, Hanya Star contends that other than the filing of Hanya Star’s Feb. 18 Rule 17 12(b)(5) Motion and 12(b)(6) Motion, Hanya Star has not appeared in this action and waives no 18 objection or defense relating to service and jurisdiction; and 19 WHEREAS, on February 18 and 25, 2011, the Court issued two Orders setting the Briefing 20 Schedule (Doc. Nos. 27 and 29), which scheduled the hearings on both of the Motions to Dismiss for 21 April 22, 2011, at 9:00 a.m.; and 22 WHEREAS, on March 11, 2011, in response to the Motions to Dismiss filed by Defendants, 23 Plaintiff filed: (1) a First Amended Complaint (“FAC”) (Doc. No. 33); (2) an Opposition to iTalk’s Feb. 24 14 Rule 12(b)(6) Motion (Doc. No. 32) asking the Court to order such Motion moot in light of the filing 25 of the FAC; (3) an Opposition to Hanya Star’s Feb. 18 Rule 12(b)(5) Motion and Rule12(b)(6) Motion 26 (Doc. No. 36) opposing Hanya Star’s Feb. 18 Rule 12(b)(5) Motion asserting insufficient service of 27 process, and asking the Court to order Hanya Star’s Feb. 18 Rule 12(b)(6) Motion moot in light of the 28 filing of the FAC; and (4) supporting declarations and proposed orders regarding the aforementioned 3 STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE, CASE MANAGEMENT CONFERENCE STATEMENT DEADLINE AND INITIAL DISCLOSURE DEADLINE Case No.: CV 10-05615 JSW Case3:10-cv-05615-JSW Document38 1 Filed03/22/11 Page4 of 7 (Doc. No. 36); and 2 WHEREAS, both Defendants contend that the filing of the FAC does not properly address the 3 issues raised in their respective 12(b)(6) Motions to Dismiss or state valid claims for which relief can be 4 granted. By entering this Stipulation each Defendant is: (i) reserving all of its rights, claims and 5 defenses; (ii) preserving all rights to challenge the FAC; (iii) preserving all rights relating to the 6 sufficiency or propriety of the FAC; and is (iv) not waiving any argument that the FAC fails to state a 7 claim or is otherwise improper or insufficient. Plaintiff contends that the FAC does properly address 8 the issues raised by the Motions to Dismiss and further contends that the FAC does state valid claims 9 for which relief can be granted; and Plaintiff and Defendants are reserving all of their rights, claims and 10 defenses; and, 11 WHEREAS, to address certain issues relating to the filing and effect of the FAC, the parties are 12 entering into a separate stipulation that provides, among other things, that each Defendant will have up 13 to and including April 8, 2011, to respond to the FAC, either by motion, answer or otherwise; and, one 14 or more Defendants shall be filing a motion to dismiss the FAC on or before April 8, 2011; and, 15 WHEREAS, Hanya Star believes that until the Court rules on Hanya Star’s Feb. 18 Rule 16 12(b)(5) Motion regarding service, there is an outstanding question regarding whether Hanya Star is 17 properly a party in the case; and 18 WHEREAS, all parties believe that in light of the present posture of this case (including the 19 circumstances referred to above), exchanging Initial Disclosures, filing a joint case management 20 conference statement and having the Case Management Conference prior to the ruling on the Hanya 21 Star’s Feb. 18 Rule 12(b)(5) Motion is premature and at a minimum should follow the Court’s ruling on 22 the service issue; and, it would be reasonable for such conference to follow the ruling on the planned 23 motions to dismiss the FAC; and, 24 WHEREAS, Rule 6-1(b) of the Civil Local Rules of the United States District Court, Northern 25 District of California, permits the parties to request a modification of fixed deadlines by stipulation in 26 writing; and 27 WHEREAS, in order to at least allow the Court time to rule on Hanya Star’s Feb. 18 Rule 28 12(b)(5) Motion regarding service, the parties agree that good cause exists to continue the Case 4 STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE, CASE MANAGEMENT CONFERENCE STATEMENT DEADLINE AND INITIAL DISCLOSURE DEADLINE Case No.: CV 10-05615 JSW Case3:10-cv-05615-JSW Document38 1 Filed03/22/11 Page5 of 7 Management Conference to May 13, 2011, or a date thereafter convenient to the Court; and 2 WHEREAS, Plaintiff and Defendants also agree that the last day to file a Rule 26(f) report and 3 joint case management conference statement should be five (5) court days prior to the re-set Case 4 Management Conference; and 5 WHEREAS, Plaintiff and Defendants also agree that the last day to complete their Initial 6 Disclosures pursuant to F.R.C.P. Rule 26 should be five (5) court days prior to the re-set Case 7 Management Conference; 8 STIPULATION 9 10 NOW THEREFORE, Plaintiff and Defendants, by and through their respective undersigned counsel, hereby stipulate as follows: 11 1. Subject to the Court’s calendar, the Case Management Conference in this matter shall be 12 continued to May 13, 2011, at 1:30 p.m., in Courtroom 11, 19th Floor, Federal Building, 450 Golden 13 Gate Avenue, San Francisco, California, or to a date thereafter convenient to the Court; and 14 15 2. should be five (5) court days prior to the re-set Case Management Conference; and 16 17 The last day to file a Rule 26(f) report and joint case management conference statement 3. The last day to complete Initial Disclosures pursuant to F.R.C.P. Rule 26 should be five (5) court days prior to the re-set Case Management Conference; 18 SO STIPULATED. 19 20 IDELL & SEITEL LLP Dated: March 22, 2011 By: 21 22 23 Dated: March 22, 2011 24 BAKER & McKENZIE LLP By: 25 26 27 /Tod L. Gamlen/ Tod L. Gamlen Attorneys for Defendant iTALK GLOBAL COMMUNICATIONS, INC. // 28 /Richard J. Idell/ Richard J. Idell Attorneys for Plaintiff U2 HOME ENTERTAINMENT, INC. // 5 STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE, CASE MANAGEMENT CONFERENCE STATEMENT DEADLINE AND INITIAL DISCLOSURE DEADLINE Case No.: CV 10-05615 JSW Case3:10-cv-05615-JSW Document38 1 Dated: March 22, 2011 2 FENWICK & WEST LLP By: 3 4 5 6 7 8 9 10 11 12 13 14 Filed03/22/11 Page6 of 7 /Liwen A. Mah/ Liwen A. Mah Attorneys for Defendant HANYA STAR CULTURE & TECHNOLOGY CO., LTD. ATTESTATION OF CONCURRENCE I, Richard J. Idell, attest that I am one of the attorneys for Plaintiff U2 HOME ENTERTAINMENT, INC., a California Corporation doing business as CENTURY HOME ENTERTAINMENT and TAI SENG ENTERTAINMENT, and as the ECF user and filer of this document, I attest that, pursuant to General Order No. 45(X)(B), concurrence in the filing of this document has been obtained from Tod L. Gamlen and Darryl M. Woo, the above signatories. Dated: March 22, 2011 15 By: /Richard J. Idell/ Richard J. Idell [PROPOSED] ORDER 16 PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that: 17 1. The Case Management Conference in this matter shall be continued to ___________, July 22 18 2011, at 1:30 p.m., in Courtroom 11, 19th Floor, Federal Building, 450 Golden Gate Avenue, San 19 Francisco, California; and 20 21 22 23 24 25 26 27 2. The last day to file a Rule 26(f) report and joint case management conference statement shall be five (5) court days prior to the Case Management Conference; and 3. The last day to complete Initial Disclosures pursuant to F.R.C.P. Rule 26 shall be five (5) court days prior to the re-set Case Management Conference; PURSUANT TO STIPULATION, IT IS SO ORDERED. March 23, 2011 Dated: Hon. Jeffrey S. White Judge of the United States District Court Northern District of California 28 6 STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE, CASE MANAGEMENT CONFERENCE STATEMENT DEADLINE AND INITIAL DISCLOSURE DEADLINE Case No.: CV 10-05615 JSW
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
