UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
April 29, 2010
POWERTECH TECHNOLOGY, INC. PLAINTIFF,
TESSERA, INC. DEFENDANT.
The opinion of the court was delivered by: The Honorable Claudia Wilken United States District Judge
JOINT STIPULATION AND ORDER (AS MODIFIED) TO CHANGE TIME PURSUANT TO CIVIL LOCAL RULE 6-2 [DECLARATION OF KENNETH WEATHERWAX FILED CONCURRENTLY HEREWITH]
Date: May 13, 2010
IT IS HEREBY STIPULATED by and between Plaintiff Powertech Technology, Inc. ("Plaintiff") and Defendant Tessera, Inc. ("Defendant"), by and through their counsel of record 3 as follows:
WHEREAS Defendant filed its Motion to Dismiss for Lack of Subject Matter Jurisdiction ("Motion") on April 1, 2010 (Docket # 14);
WHEREAS Plaintiff filed its Opposition to Defendant's Motion ("Opposition") on April 22, 2010 (Docket # 33); 2010; the deadline for responding to the complaint was extended by one week to April 5, 2010; deadline for Plaintiff to file its Opposition to Defendant's Motion was extended by one week to 29, 2010, and the hearing on Defendant's Motion was continued to May 13, 2010; motion not be delayed and, in particular, that it not be delayed later than May 13, 2010, which is the last day in the motion calendar in May that is available for a hearing under the Court's schedule;
WHEREAS much of Defendant's counsel team have been and will be unavailable for most of the time between April 22, the date Plaintiff's Opposition was filed, and April 29, the date Defendant's Reply is currently due; including Mr. Chu, who has been and will be traveling in Europe, and Mr. Lipner, who has been and will be traveling and in depositions through at least Defendants' counsel team, who must spend a significant portion of their time during the same JOINT STIPULATION TO CHANGE TIME (CASE NO. 10-00945 CW)
WHEREAS the hearing on Defendant's Motion is noticed for May 13, 2010 at 2:00 p.m.;
WHEREAS the current deadline for Defendant to file its Reply Brief in Support of Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction ("Reply") is April 29, 11
WHEREAS pursuant to the parties' joint stipulation filed March 26, 2010 (Docket # 9),
WHEREAS pursuant to a stipulated order entered April 7, 2010 (Docket # 25), the April 22, 2010, Defendant's deadline to file its Reply was accordingly moved one week to April 17
WHEREAS, the parties submit that it is in the interest of justice that the hearing on this April 27 in a case in which the discovery cut-off is April 30, and the remaining members of period on numerous other time-critical matters that cannot be rescheduled,
WHEREAS, these constraints on the availability of Defendants' counsel would be greatly alleviated by a two business day extension of Defendant's time to file its Reply to Plaintiff's Opposition, from April 29, 2010 to May 3, 2010; and
WHEREAS the parties desire for the May 13, 2010 date set for the hearing on Defendant's Motion to remain unchanged;
NOW, THEREFORE, pursuant to Civil Local Rule 6-2, the undersigned parties hereby stipulate and respectfully request the Court order as follows:
1. Defendant's Reply Brief in Support of Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction, currently due on April 29, 2010, shall be due on May 3, 2010.
Dated: April 26, 2010
PURSUANT TO STIPULATION, IT IS SO ORDERED. REPLY IS DUE AT 8:30
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