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Guzik Technical Enterprises, Inc. v. Western Digital Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


October 31, 2011

GUZIK TECHNICAL ENTERPRISES, INC.
PLAINTIFF AND COUNTERCLAIM DEFENDANT,
v.
WESTERN DIGITAL CORPORATION, WESTERN DIGITAL TECHNOLOGIES, INC., AND WESTERN DIGITAL (FREMONT) INC.,
DEFENDANTS AND COUNTERCLAIM PLAINTIFFS, AND
WESTERN DIGITAL (THAILAND) COMPANY LIMITED AND WESTERN DIGITAL (MALAYSIA) SDN.BHD,
DEFENDANTS.

The opinion of the court was delivered by: Magistrate Judge: Hon. Paul Singh Grewal

STEVEN M. BAUER, Bar No. 135067 steven.bauer@lw.com JAMES L. DAY, Bar No. 197158 jim.day@lw.com SVETLANA M. BERMAN, Bar No. 239445 svetlana.berman@lw.com MOHITH R. JULAPALLI, Bar No. 268240 mohith.julapalli@lw.com LATHAM & WATKINS LLP 505 Montgomery Street, Suite 2000 San Francisco, CA 94111-6538 Telephone: (415) 391-0600 Facsimile: (415) 395-8095 RICHARD G. FRENKEL, Bar No. 204133 rick.frenkel@lw.com LATHAM & WATKINS LLP 140 Scott Drive Menlo Park, CA 94025 Telephone: (650) 328-4600 Facsimile: (650) 463-2600 Attorneys for Defendants and Counterclaim Plaintiffs

STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S 35 U.S.C. § 271(g) CLAIMS UNDER RULE 12(b)(6) Date: November 8, 2011 [PROPOSED CHANGE TO November 15, 2011] Time: 10:00 a.m. Courtroom: 5, 4th Floor

Pursuant to Civil Local Rules 6-2, 7-12, and related rules, Plaintiff Guzik Technical Enterprises, Inc. ("GTE") and Defendants Western Digital Corporation et al. (collectively, 28 "Western Digital"), hereby stipulate through their respective counsel of record as follows:

ATTORNEYS AT LAW HEARING ON DEFENDANTS' MOTION TO DISMISS SAN FRANCISCO 5:11-CV-03786-PSG

WHEREAS, on September 26, 2011, Western Digital filed a motion to dismiss GTE's 35 U.S.C. § 271(g) claims under Federal Rule of Civil Procedure 12(b)(6) and proposed a hearing 3 date and time of November 1, 2011, 10:00 a.m. (Dkt. No. 25); 4

WHEREAS, after briefing was completed, the Court issued an Order continuing the 5 hearing on the motion to dismiss to November 8, 2011, 10:00 a.m. (Dkt. No. 36); 6

WHEREAS, certain counsel for Western Digital cannot attend the scheduled hearing due 7 to an unavoidable conflict; 8

WHEREAS, GTE and Western Digital, through their respective counsel of record, have 9 agreed with the Court's permission to continue the hearing on the motion to dismiss until 10 November 15, 2011, 10:00 a.m.; and 11

WHEREAS, the parties' undersigned counsel hereby declare that the requested time 12 modifications would have no material impact on the case schedule because the case is at its 13 initial stage: 14

IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that: 16

The hearing on Western Digital's motion to dismiss will be continued from November 8, 2011 to November 15, 2011, in Courtroom 5, 4th Floor, San Jose Courthouse, at 10:00 a.m. 18 19

PURSUANT TO STIPULATION, IT IS SO ORDERED.

HON. PAUL SINGH GREWAL UNITED STATES MAGISTRATE JUDGE

20111031

© 1992-2011 VersusLaw Inc.



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