UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
June 4, 2010
NETWORK APPLIANCE, INC. PLAINTIFF-COUNTERCLAIM DEFENDANT,
SUN MICROSYSTEMS, INC. DEFENDANT-COUNTERCLAIM PLAINTIFF.
The opinion of the court was delivered by: Elizabeth D. Laporte United States Magistrate Judge
STIPULATION AND [PROPOSED] ORDER EXTENDING STAY OF CASES UNTIL AUGUST 4, 2010
On April 6, 2010, NetApp, Inc. and Sun Microsystems, Inc. stipulated to, and the Court ordered, a stay of all three of the currently pending actions between the parties (3:07-CV-05488- EDL, 3:07-CV-06053-EDL, and 3:08-CV-01641-EDL) until June 4, 2010. (-6053 action, Dkt. # 683; -5488 action, Dkt.# 362; -1641 action, Dkt. # 169). The parties hereby further stipulate, subject to the Court's approval, to further extend the stay of all three actions until August 4, 2010, to permit the parties to continue to explore the possibility of an extra-judicial resolution of their disputes. The June 15 case management conference is vacated, subject to Court approval.
The parties agree that neither side will use this stay to later argue lack of diligence on the part of the other party.
By August 5, 2010, the parties shall jointly report to the Court on the status of their discussions, the litigation, and next steps. The parties request that the Court now schedule an omnibus case management conference in all three cases on Tuesday, August 10, 2010 at 10 a.m., or on the next date consistent with the Court's schedule.
Dated: June 4, 2010
DLA PIPER LLP (US) MARK D. FOWLER CLAYTON THOMPSON DAVID ALBERTI CHRISTINE K. CORBETT YAKOV M. ZOLOTOREV CARRIE L. WILLIAMSON Attorneys for Sun Microsystems, Inc.
WEIL, GOTSHAL & MANGES LLP MATTHEW D. POWERS EDWARD R. REINES JEFFREY G. HOMRIG JILL J. HO Attorneys for NetApp, Inc.
To continue to permit the parties to explore the possibility of an extra-judicial resolution of their disputes, the parties' joint request to extend the stay is GRANTED. All proceedings in Civil Action Nos. 3:07-CV-05488-EDL, 3:07-CV-06053-EDL, and 3:08-CV-01641-EDL are hereby stayed until August 4, 2010. All currently scheduled deadlines, including the June 15 case management conference, are vacated. Neither party may rely upon this stay to later argue lack of diligence on the part of the other party.
By August 5, 2010, the parties shall jointly report to the Court on the status of their discussions, the litigation, and next steps. An omnibus case management conference in all three cases shall be held on Tuesday, August 10, 2010 at 10 a.m.
IT IS SO ORDERED.
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