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Implicit Networks, Inc. v. VMware

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION)


July 30, 2010

IMPLICIT NETWORKS, INC. PLAINTIFF,
v.
VMWARE, INC. AND RED HAT, INC., DEFENDANTS.

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

STIPULATED JOINT MOTION AND [PROPOSED] ORDER TO EXTEND THE TIME FOR DEFENDANTS VMWARE, INC. AND RED HAT, INC. TO RESPOND TO PLAINTIFF'S COMPLAINT

TO THE COURT AND ALL PARTIES OF RECORD:

PLEASE TAKE NOTICE that Plaintiff Implicit Networks, Inc. ("Plaintiff") and Defendants VMware, Inc. ("VMware") and Red Hat, Inc. ("Red Hat") file this Stipulated Joint Motion and Proposed Order to Extend the Time for Defendants VMware, Inc. and Red Hat, Inc. to Respond to Plaintiff's Complaint.

The parties to this action are currently reviewing matters relevant to a possible resolution of this matter and also have a mutual interest in the orderly and efficient conduct of this litigation.

They agree that this extension of time will assist the parties in either resolving this dispute or in formulating their pleadings and responses in the present action. Having thus met and conferred on the issue, the parties hereby stipulate that the deadline for VMware and Red Hat to answer or otherwise respond to Plaintiff's complaint should be extended 30 days until August 30, 2010, and also move the court to order that this deadline be extended to August 30, 2010.

Dated: July 28, 2010

FISH & RICHARDSON P.C. Shelley K. Mack Attorney for Defendants VMWARE, INC. and RED HAT, INC.

Dated: July 28, 2010

HOSIE RICE LLP Spencer Hosie Attorney for Plaintiff IMPLICIT NETWORKS, INC.

DECLARATION

Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from George Bishop.

Dated: July 28, 2010

FISH & RICHARDSON P.C. Shelley K. Mack Attorney for Defendants VMWARE, INC. and RED HAT, INC.

ORDER

Pursuant to stipulation, IT IS SO ORDERED that Defendants VMware, Inc.'s and Red Hat, Inc.'s answer or other response to Implicit Network's complaint shall be due on Augustly 30, 2010.

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on July 28, 2010, all counsel of record who are deemed to have consented to electronic service are being served with a copy of the STIPULATED JOINT MOTION TO EXTEND THE TIME FOR DEFENDANTS VMWARE, INC. AND RED HAD, INC. TO RESPOND TO PLAINTIFF'S COMPLAINT via the Court's CM/ECF system per Local Rule 5-4 and General Order 45. Any other counsel of 7 record will be served by first class mail.

20100730

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