The opinion of the court was delivered by: Honorable Susan Y. Illston
Brendan P. Cullen (SBN 194057) Email: email@example.com SULLIVAN & CROMWELL LLP 1870 Embarcadero Road Palo Alto, California 94303 Telephone: (650) 461-5600 Facsimile: (650) 461-5700 Counsel for Defendant Philips Electronics North America Corporation Parker C. Folse III (Pro Hac Vice) Email: firstname.lastname@example.org Brooke A. M. Taylor (Pro Hac Vice Pending) Email: email@example.com SUSMAN GODFREY L.L.P. 1201 Third Ave, Suite 3800 Seattle, WA 98101 Telephone: (206) 516-3880 Facsimile: (206) 516-3883 Counsel for Plaintiff T-Mobile U.SA., Inc.
STIPULATION OF EXTENSION OF TIME TO RESPOND TO COMPLAINT, WAIVER OF SERVICE, [PROPOSED] ORDER
WHEREAS the undersigned counsel, on behalf of plaintiff T-Mobile U.S.A., Inc. ("T-2 Mobile"), filed a complaint in the above-captioned case against Philips Electronics North America 3 Corporation ( "PENAC"), among other defendants, on April 18, 2011 ("Complaint");
WHEREAS T-Mobile wishes to avoid the burden and expense of serving process on PENAC;
WHEREAS PENAC desires a reasonable amount of time to respond to the Complaint;
WHEREAS T-Mobile and multiple defendants ("Stipulating Defendants"), not including PENAC, in the above-captioned case executed the Corrected Stipulation of Extension of Time to 9 Respond to Complaint, Waiver of Service, and [Proposed] Order stipulation (Dkt. #25) on June 17, 10 2011, for which an Order (Dkt. #26) was signed by this Court on June 28, 2011, extending the deadline 11 to move to dismiss, answer, or otherwise respond to the Complaint to 90 days from the execution of that 12 stipulation, subject to Federal Rule of Civil Procedure 6(a)(1); and 13
WHEREAS T-Mobile and PENAC believe that proceeding on a response date unified with the aforementioned Stipulating Defendants will create efficiency for the Court and the parties by 15 reducing duplicative motion practice;
THEREFORE, T-Mobile and PENAC hereby agree:
1. PENAC waives service of the Complaint under Federal Rule of Civil Procedure 4(d). This stipulation does not constitute a waiver by PENAC of any other substantive or procedural 19 defense, including but not limited to the defense of lack of personal or subject matter jurisdiction and 20 improper venue. 21
2. PENAC's deadline to move to dismiss, answer, or otherwise respond to the Complaint will be 90 days from the execution of the Corrected Stipulation of Extension of Time to 23 Respond to Complaint, Waiver of Service, and [Proposed] Order stipulation (Dkt. #25), subject to 24 Federal Rule of Civil Procedure 6(a)(1).
Honorable Susan Y. Illston
I, Brendan P. Cullen, am the ECF User whose ID and password are being used to file this Stipulation of Extension of Time to Respond to Complaint, Waiver of Service, and [Proposed] Order.
In compliance with General Order 45, X.B., I hereby attest that Parker C. Folse III has ...