UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
November 15, 2011
PNY TECHNOLOGIES, INC.,
The opinion of the court was delivered by: Judge: Honorable Susan Illston
STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND HEARING DATE ON SANDISK CORPORATION'S MOTION TO DISMISS
Dept: Courtroom 10, 19th Fl.
Complaint Filed: September 21, 2011
Farella Braun Martel LLP 235 Montgomery Street, 17th Floor Stipulation and [Proposed] Order / San Francisco, CA 94104 (415) 954-4400
WHEREAS, on November 9, 2011, Defendant SanDisk Corporation ("SanDisk") filed a Motion to Dismiss ("Motion"), setting the hearing on SanDisk's Motion for December 16, 2011; 3
WHEREAS, counsel for Plaintiff PNY Technologies, Inc. ("PNY") asked counsel for SanDisk to agree to an extension of the briefing and hearing schedule on the Motion, pursuant to 5 which PNY's Opposition to the Motion would be due on December 7, 2011, and SanDisk having 6 requested its reply be due December 21, 2011, and PNY therefore having asked that the hearing 7 on the Motion be scheduled for January 6, 2012;
WHEREAS, SanDisk does not object to PNY's requested extension;
WHEREAS, the Court set the Initial Case Management Conference in this action for January 6, 2012, at 2:30 p.m.; and
WHEREAS, counsel for the Parties have met and conferred, and have agreed to propose an alternative briefing schedule for SanDisk's Motion, as well as an alternative date for hearing SanDisk's Motion on the same date as the Initial Case Management Conference;
THEREFORE, pursuant to Civil Local Rules 6-2 and 7-12, the Parties request that the Court reset the briefing schedule for SanDisk's Motion and the Hearing date for that Motion and 16 the Initial Case Management Conference on the same date as set forth below or on such other 17 dates as may be acceptable to the Court:
1. PNY's Opposition to SanDisk's Motion will be due on December 7, 2011;
2. SanDisk's Reply in Support of its Motion will be due on December 21, 2011; and
3. The Hearing on SanDisk's Motion will be January 6, 2012, at 9:00 a.m. Jan. 13
IT IS SO STIPULATED.
Dated: November 14, 2011 FARELLA BRAUN MARTEL LLP
I represent that concurrence in the filing of this document has been obtained from each 26 of the other signatories.
By: /s/ John L. Cooper John L. Cooper Attorneys for Plaintiff PNY Technologies, Inc. Dated: November 14, 2011 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP By: /s/ Allen J. Ruby Allen J. Ruby Attorneys for Defendant SanDisk Corporation
PURSUANT TO THE STIPULATION OF THE PARTIES, AND GOOD CAUSE APPEARING, IT IS SO ORDERED.
THE HONORABLE SUSAN ILLSTON
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