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Bender v. Maxim Integrated Products

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


June 30, 2009

GREGORY BENDER, PLAINTIFF,
v.
MAXIM INTEGRATED PRODUCTS, INC., DEFENDANT.

The opinion of the court was delivered by: The Hon. Susan Illston United States District Court Judge

STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE

Pursuant to Defendant Maxim Integrated Products, Inc.'s, ("Defendant's") June 29, 2009, phone conversation with Judge Illston's calendar clerk, Defendant and Plaintiff Gregory Bender ("Plaintiff") through their respective counsel, hereby request the Court change the time for the Initial Case Management Conference, currently scheduled for July 1, 2009, until August 21,

WHEREAS, pursuant to the June 19, 2009 Notice in this action (D.I. 10), the Initial Case Management Conference in this action is scheduled for July 1, 2009.

WHEREAS, plaintiff has indicated that this action is related to 23 other currently pending cases, each of which was brought by Plaintiff alleging patent infringement of the same patent.

Plaintiff has further indicated that he intends to make a motion to reassign this action to Judge Alsup, the judge assigned to the first-filed of the 24 potentially related cases, Gregory Bender v. Exar Corporation, C. A. No. 09-01140-WHA.

WHEREAS, the Initial Case Management Conference in the first-filed potentially related case, Gregory v. Exar, is scheduled for July 16, 2009. This Conference is likely to address Plaintiff's currently pending motion in that action to relate another of the potentially related 6 actions, see D.I. 4 in C.A. No. 09-01140-WHA, to which both affected defendants have recently responded, see D.I. 18 and 19 in C.A. No. 09-01140-WHA.

WHEREAS, the parties believe that, in the interests of efficiency and of avoiding potentially unnecessary expenses, the Initial Case Management Conference should be continued until a reasonable period of time following the July 16, 2009, Initial Case Management Conference in Bender v. Exar.

THE PARTIES HEREBY STIPULATE THAT:

The Initial Case Management Conference in this action is continued to August 21, 2009.

In accordance with General Order No. 45, Section X(B), the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below.

PURSUANT TO STIPULATION, IT IS SO ORDERED:

The case management conference is continued to 8/28/09 at 2:30 p.m.

20090630

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