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Bender v. Maxim Integrated Products

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


June 30, 2010

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 TO RESCHEDULE MOTION HEARING

Pursuant to Civil L.R. 7-7(b), Defendant Maxim Integrated Products, Inc., ("Defendant") and Plaintiff Gregory Bender ("Plaintiff"), through their respective counsel, hereby stipulate to reschedule the hearing date for Defendant's Motion For Sanction Of Dismissal, currently scheduled for July 9, 2010 at 9 a.m., to July 30, 2010 at 9 a.m.

WHEREAS, on June 18, 2010, Plaintiff filed his Memorandum In Opposition To Motion For Sanctions together with supporting declarations of Sergio Franco, Ph.D., Kenneth Pedrotti, Ph.D, and Plaintiff Gregory Bender. (Docket Nos. 60-63.)

WHEREAS, Defendant believes that deposing declarant Sergio Franco, Ph.D., will provide evidence that is relevant to the Court's consideration of Dr. Franco's declaration, and has served Plaintiff with a notice of deposition of Dr. Franco.

WHEREAS, Plaintiff has not yet been able to provide Dr. Franco's availability for deposition.

WHEREAS, the parties believe that the Defendant's reply brief and the hearing on Defendant's Motion for Sanction of Dismissal should be delayed by three weeks to allow time for the deposition of Dr. Franco.

THE PARTIES HEREBY SUBMIT THIS STIPULATION THAT:

The Court hearing date for Defendant's Motion For Sanction of Dismissal be rescheduled from July 9, 2010 at 9 a.m. to July 30, 2010 at 9 a.m.

Respectfully submitted,

Dated: June 24, 2010

Jones Day Greg L. Lippetz State Bar No. 154228 JONES DAY Silicon Valley Office 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: 650-739-3939 Facsimile: 650-739-3900 Counsel for Defendant Maxim Integrated Products, Inc.

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.

Dated: June 24, 2010

David N. Kuhn Attorney-at-Law 144 Hagar Avenue Piedmont, California 94611 Telephone: (510) 653-4983 Counsel for Plaintiff Gregory Bender.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

20100630

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