UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
November 6, 2008
FUZZYSHARP TECHNOLOGIES INCORPORATED, PLAINTIFF,
3DLABS CO., LTD. DEFENDANT.
The opinion of the court was delivered by: S.B. Armstrong District Judge
MOTION ORDER TO MODIFY THE CASE MANAGEMENT SCHEDULING ORDER
This is an unopposed Motion by the Plaintiff FuzzySharp Technologies, Inc. (FST") to modify the Case Management Scheduling Order of August 18, 2008. The reason for this request is that the hurricane Ike which hit Houston caused an interruption of electrical and water services through much of Houston and particularly in the area of the undersigned attorney's home and office. The area of Houston in which my home and office are located was about the last area to have electricity restored.
During the hurricane and for many weeks after the hurricane we had the additional problems of having to boil water before drinking it and very limited supplies of food, bottled water, and even gasoline. In addition, the undersigned attorney became serious sick after the electricity was restored. The cause of the sickness is not known but it might have resulted from tainted water, or tainted food, despite careful steps in accordance with public announcements. A Declaration in support of this Motion is attached. During this extended period of personal hardship, I am pleased to report that both the Defendant 3DLabs Inc., Ltd. and its attorney, Mark L. Pettinari were outstanding in their professional conduct and patience. Despite the potential issues between parties and attorneys during litigation, the Defendant and Mr. Pettinari are role models for positive conduct during litigation.
The following chart shows the requested changes:
Exchange of Proposed Terms and Claim Elements for ................ Change to 11/26/08 from Construction (Pat. L.R. 4-1(a)) 9/26/08
Exchange of Preliminary Claim Constructions and Extrinsic ....... Change to 12/12/08 from Evidence (Pat. L.R. 4-2) 10/09/08
Joint Claim Construction Statements (Pat. L.R. 4-3) .................... Change to 01/16/09 from 11/19/08
Completion of Claim Construction Discovery (Pat. L.R. 4-4) ...... Change to 01/30/09 from 11/28/08
FST's Opening Claim Construction Brief (Pat. L.R. 4-5(a)) ........ Change to 03/06/09 from 01/02/09
3DLabs' Opposing Claim Construction Brief .............................. Change to 03/20/09 from (Pat. L.R.l 4-5(b)) 01/16/09
FST's Reply Claim Construction Brief (Pat. L.R. 4-5(c)) ............ Change to 03/27/09 from 01/23/09
Claim Construction Hearing (Pat. L.R. 4-6) .................................. Change to 04/23/09, 9:00 a.m., for 3.0 hours, from 02/26/09, 9:00 a.m., for 3.0 hours.
It is respectfully pointed out that the proposed change for the Claim Construction Hearing avoids a conflict with the undersigned observance of a Jewish Holiday.
David Fink Attorney for Plaintiff FuzzySharp Technologies Incorporated
The Court has considered the foregoing Motion and hereby modifies the date of the Case Management Scheduling Order as proposed above.
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