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Implicit Networks, Inc. v. Vmware

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


August 27, 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 RESET INITIAL CASE MANAGEMENT CONFERENCE TO THE COURT AND ALL PARTIES OF RECORD:

STIPULATED JT MOT AND [PROP] ORDER TO EXTEND TIME FOR VMWARE AND RED HAD TO RESPOND TO COMPLAINT

PLEASE TAKE NOTICE that Plaintiff Implicit Networks, Inc. ("Plaintiff") and Defendant Red Hat, Inc. ("Red Hat") file this Stipulated Joint Motion and Proposed Order to Reset the Initial Case Management Conference.

The Initial Case Management Conference in this matter is currently set to occur on Friday, August 27, 2010. Implicit and Red Had are far along in settlement discussions, and anticipate that a final settlement will be executed in the near future. The parties have a mutual interest in the orderly and efficient conduct of this litigation, and agree that this extension of time will assist them in resolving this dispute. On August 25, 2010, Implicit filed a voluntary Notice of Dismissal Without Prejudice of its claims against defendant VMWare, Inc., so that VMWare is no longer a party to this case. There have been two prior continuances of the date for the Initial Case Management Conference. Having thus met and conferred on the issue, the parties hereby stipulate, and move for entry of an order, that the deadline for Red Hat to answer or otherwise respond to Plaintiff's complaint should be extended 14 days until September 10, 2010, or as soon thereafter as may be convenient for the Court.

Dated: August 25, 2010

FISH & RICHARDSON P.C. Shelley K. Mack Attorney for Defendant RED HAT, INC.

HOSIE RICE LLP George F. Bishop 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 Shelley Mack.

Dated: August 25, 2010

HOSIE RICE LLP George F. Bishop Attorney for Plaintiff IMPLICIT NETWORKS, INC..

ORDER

Pursuant to stipulation, IT IS SO ORDERED that the date of the Initial Case Management Conference in this action is reset, to occur on ________________, 2010.

Dated: September 10, 2010.

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on August 25, 2010, all counsel of record who are deemed to have consented to electronic service are being served with a copy of the via the Court's CM/ECF system per Local Rule 5-4 and General Order 45. Any other counsel of record will be served by first class mail.

George F. Bishop

20100827

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