UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
November 17, 2008
BAY SALES INC., A CALIFORNIA CORPORATION PLAINTIFF,
TRIPOD TECHNOLOGY CORPORATION, A TAIWANESE CORPORATION AND DOES 1 TO 10 DEFENDANTS.
The opinion of the court was delivered by: Honorable James Ware United States District Judge
(1) STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE; (2) [PROPOSED] ORDER
Complaint Filed: June 19, 2007 Pre Trial Conference: December 1, 2008
Trial Date: None Set
WHEREAS, on October 27, 2008, the Court heard oral argument on Defendant's Motion for Summary Judgment/Summary Adjudication and took the matter under submission;
WHEREAS, the Pre-Trial Conference in this matter is currently scheduled for December 1, 2008 and the parties are required to submit Pre-Trial Conference Statements on November 20, 2008; 4
WHEREAS, until the Motion for Summary Judgment/Summary adjudication is decided by the Court, the parties do not know what issues will be left for trial and, therefore, what issues should be contained in the Pre-Trial Conference Statements;
WHEREAS, the parties wish to avoid the burden and expense of preparing pre-trial documents until the Court has ruled on the pending motion; and
WHEREAS, the parties have previously entered into a Stipulation, confirmed as an Order by Magistrate Trumbull on October 22, 2008, as Document 71 in this case, deferring a discovery issue until after the Court rules on the pending motion;
IT IS HEREBY STIPULATED by and between the parties, subject to the approval of the Court, that the current dates for the Pre-Trial Conference and submission of Pre-Trial Conference Statements be vacated, and that, after the Court rules on the pending Motion for Summary Judgment/Summary Adjudication, and depending on the outcome thereof, that the Court set a new date for the Pre-Trial Conference.which is not less than 45 days from date of the Court's ruling and a date for the submission of Pre-Trial Statements in accordance therewith.
Dated: November 10, 2008
Pursuant to the above Stipulation of the parties, IT IS SO ORDERED.
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