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Silicon Valley Microelectronics, Inc., A California Corporation v. Jiangxi Ldk Solar Hi-Tech Co.

July 28, 2011

SILICON VALLEY MICROELECTRONICS, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
JIANGXI LDK SOLAR HI-TECH CO., LTD., AKA "LDK SOLAR HI-TECH CO., LTD." AKA "JIANGXI LDK SOLAR", DEFENDANT.



The opinion of the court was delivered by: The Honorable Paul Singh Grewal United States Magistrate Judge

(Proposed Order Modified by the Court)

STIPULATION AND )ORDER TO FURTHER EXTEND TIME FOR DEFENDANT TO SERVE )RESPONSIVE PLEADING UNDER FED. R. CIV. P.

its Complaint in this matter;

Hi-Tech Co., Ltd. ("Jiangxi LDK") on June 3, 2011; 6

Jiangxi LDK Solar to file a responsive pleading under Federal Rule of Civil Procedure 12 would 8 have been June 24, 2011;

to Serve Responsive Pleading under Federal Rule of Civil Procedure 12(b), extending Jiangxi LDK's 11 time to respond to the Complaint until July 25, 2011; 12

WHEREAS, to support those future settlement discussions, the parties have agreed to further extend Jiangxi LDK's time to respond to the Complaint by an additional two weeks, so that the last 15 day for Jiangxi LDK to respond to the Complaint will be August 8, 2011; 16 extend the time for SVMI to file an opposition to Jiangxi LDK's Motion for Administrative Relief to 18 Motion to Dismiss for Lack of Service to August 8, 2011; 20 Court take off-calendar the ADR Phone Conference which was scheduled for July 28, 2011 at 10:30 22 a.m. by the Court's Alternative Dispute Resolution Program; 23 Court take off-calendar the Case Management Conference currently scheduled for August 2, 2011 at 25

WHEREAS, in light of the pending settlement discussions, the parties also request that the Court extend the last day to file a "Consent to Proceed Before a United States Magistrate Judge" or a 28

WHEREAS, on May 20, 2011, plaintiff Silicon Valley Microelectronics, Inc. ("SVMI") filed

WHEREAS, SVMI claims that it served the Complaint upon defendant Jiangxi LDK Solar

WHEREAS, if the Complaint was served upon Jiangxi LDK on June 3, 2011, the last day for

WHEREAS, on June 23, 2011, the parties filed a Stipulation to Extend Time for Defendant

WHEREAS, the parties recently began discussing a potential settlement of this action;

WHEREAS, in light of the pending settlement discussions, the parties have also agreed to Stay Discovery and ADR Obligations and to Continue ...


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