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Shared Memory Graphics LLC v. Apple Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


July 6, 2011

SHARED MEMORY GRAPHICS LLC, PLAINTIFF,
v.
APPLE INC., ET AL., A.M.,
DEFENDANTS.

The opinion of the court was delivered by: Judge: The Honorable Maxine M. Chesney

HENRY POGOROZELSKI (admitted pro hac vice) COLLINS, EDMONDS AND POGORZELSKI, PLLC 1515 S. Voss Rd., Suite 125 Houston TX 77057 Tel.: 281-501-3425 Fax: 832-415-2535 DAVID A. MAKMAN (Bar #178195) LAW OFFICES OF DAVID. A. MAKMAN 90 New Montgomery Street, Suite 600 San Francisco, CA 94105 Telephone: (888) 497-5104 Facsimile: (415) 777-8638 Attorneys for Plaintiff SHARED MEMORY GRAPHICS LLC

ORDER DENYING STIPULATION AND [PROPOSED] ORDER CONTINUING THE FRIDAY, JULY 8, 2011 STATUS CONFERENCE TO FRIDAY, SEPTEMBER 16, 2011 AT 10:30 OR AT SUCH OTHER DATE AND TIME AS ORDERED BY THE COURT

CMC Date: July 8, 2011 Courtroom: 7, 19th Floor Time: 10:30 a.m.

cause shown, Plaintiff Shared Memory Graphics LLC ("Shared Memory"), and Defendants Sony Computer Entertainment Inc., and Sony Semiconductor Kyushu Corporation Ltd. (collectively, 2011 case management conference to Friday, September 16, 2011 at 10:30 a.m., or such other 7 date and time as ordered by the Court: to be held on Friday, July 8, 2011 at 10:30 a.m., (see Docket No. 408);

420) and Defendant Sony filed a motion to strike Shared Memory's Infringement Contentions and 13 to Dismiss Shared Memory's Claims (see Docket Nos. 421-422);

WHEREAS, on June 28, 2011, the Court issued an Order referring Nintendo and Sony's motions to Magistrate Judge Jacqueline Scott Corley for resolution, noting the potentially 16 dispositive nature of Sony's motion (see Docket No. 423);

case management conference should be held after these motions are resolved; instant stipulation and proposed order 14 days before the July 8, 2011 case management 21 conference, as required under Civil Local Rule 6-1(b);

Pursuant to Paragraph 7 of this Court's Standing Order for Civil Cases, and for good Corporation of America, Sony Computer Entertainment America LLC, Sony Corporation, Sony "Sony") hereby submit the following stipulation and proposed order continuing the Friday, July 8,

WHEREAS, on April 29, 2011, this Court ordered a further case management conference

WHEREAS, on June 24, 2011, Defendant Nintendo filed a motion to strike portions of Shared Memory's Infringement Contentions and supporting documents (see Docket Nos. 419-12

WHEREAS, given the nature of Defendants' motions, the stipulating parties believe the

WHEREAS, given the timing of this filing, the stipulating parties were unable to file the

WHEREAS, the parties filed a Third Supplemental Joint Case Management Statement on July 1, 2011, apprising the Court of the current status of the case;

judicial efficiency, the administration of justice, conservation of judicial and party resources 26 would all be served by continuing the July 8, 2011 case management conference to Friday, 27

September 16, 2011 at 10:30 a.m., or such other time as ordered by the Court;

WHEREAS, good cause exists for the stipulated continuance in that the interests of

WHEREFORE, premises considered, IT IS HEREBY STIPULATED AND AGREED by Plaintiff Shared Memory and Defendant Sony that the case management conference to be held on July 8, 2011 at 10:30 a.m. before The Honorable Maxine M. Chesney, be continued to Friday, September 16, 2011 at 10:30 a.m., or at such other date and time as ordered by the Court. Nintendo of America Inc. and Nintendo Co., Ltd. do not oppose this stipulation.

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT the July 8, 2011 case management conference in this matter be continued until Friday, September 16, 2011 at 10:30 a.m., or ___________________, 2011 at _________. The above "Stipulation" is hereby DENIED for the reason that it is not signed by all parties and, in the absence of a further showing, is untimely.

The Honorable Maxine M. Chesney United States District Court Judge

20110706

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