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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


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 Case Management Conference Pending 19

WHEREAS, in light of the pending settlement discussions, the parties also request that the

WHEREAS, in light of the pending settlement discussions, the parties also request that the 2:00 p.m. (which is also subject to Jiangxi LDK's Motion for Administrative Relief); 26 "Declination to Proceed Before a United States Magistrate Judge and Request for Reassignment" from July 26, 2011 to August 8, 2011; 2

WHEREAS, by stipulating to this further extension, Jiangxi LDK reserves all responses and defenses it may have under Rule 12 or otherwise, including but not limited to any objections as to 4 service of the Complaint or this Court's personal jurisdiction over Jiangxi LDK; 5

THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, subject to approval of the Court, that: 7

(1) The last day for Jiangxi LDK Solar to file a responsive pleading in this matter under

Federal Rule of Civil Procedure 12 is August 8, 2011; 9

(2) The last day for SVMI to file an opposition to Jiangxi LDK's Motion for

8

Administrative Relief to Stay Discovery and ADR Obligations and to Continue Case Management 11

Conference Pending Motion to Dismiss for Lack of Service is August 8, 2011; 12

(3) The last day for the parties to file a Consent to Proceed Before a United States

10

Magistrate Judge" or a "Declination to Proceed Before a United States Magistrate Judge and Request 14 for Reassignment" is August 8, 2011; 15

(4) The ADR Phone Conference currently scheduled for July 28, 2011 at 10:30 a.m. is

16 taken off-calendar; and 17

(5) The Case Management Conference currently scheduled for August 2, 2011 at 2:00

18 p.m. is taken off-calendar. 19

Dated: July 25, 2011 SIDLEY AUSTIN LLP 20 21 By: /s/ Robert B. Martin III Attorneys for Defendant Dated: July 25, 2011 24 SWEENEY, MASON, WILSON & BOSOMWORTH By:/s/ Kurt Wilson Attorneys for Plaintiff

I am the ECF User whose identification and password are being used to file the foregoing

Stipulation and [Proposed] Order. In compliance with General Order 45.X.B., I hereby attest that the other signatory concurred in this filing. DATED: July 25, 2011 SIDLEY AUSTIN LLP By: /s/ Robert B. Martin III Robert B. Martin III SIDLEY AUSTIN LLP 555 California Street, Suite 2000 San Francisco, CA 94104-1715 Telephone: 415-772-1200 Facsimile: 415-772-7400 Attorney for Defendant Jiangxi LDK Hi- Tech Co., Ltd.

Federal Rule of Civil Procedure 12 is August 8, 2011; 5

Administrative Relief to Stay Discovery and ADR Obligations and to Continue Case Management 7

(3) The last day for the parties to file a Consent to Proceed Before a United States

Magistrate Judge" or a "Declination to Proceed Before a United States Magistrate Judge and Request 10 for Reassignment" is August 8, 2011; taken off-calendar.

14 p.m. is continued to August 23, 2011. 15 16 17

IT IS SO ORDERED. 18

Dated: July 28, 2011 19

Upon stipulation of the parties, and good cause appearing, the Court orders as follows:

(1) The last day for Jiangxi LDK to file a responsive pleading in this matter under

(2) The last day for SVMI to file an opposition to Jiangxi LDK's Motion for Conference Pending Motion to Dismiss for Lack of Service is August 8, 2011; 8

(4) The ADR Phone Conference currently scheduled for July 28, 2011 at 10:30 a.m. is

(5) The Case Management Conference currently scheduled for August 2, 2011 at 2:00

20110728

© 1992-2011 VersusLaw Inc.



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