UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
January 10, 2012
GUZIK TECHNICAL ENTERPRISES, INC.
PLAINTIFF AND COUNTERCLAIM DEFENDANT,
WESTERN DIGITAL CORPORATION,
WESTERN DIGITAL CORPORATION, TECHNOLOGIES, INC., AND
WESTERN DIGITAL (FREMONT) INC., DEFENDANTS AND COUNTERCLAIM PLAINTIFFS, AND
WESTERN DIGITAL (THAILAND) COMPANY LIMITED AND
WESTERN DIGITAL (MALAYSIA) SDN.BHD,
The opinion of the court was delivered by: Magistrate Judge: Hon. Paul Singh Grewal
STEVEN M. BAUER, Bar No. 135067 email@example.com JAMES L. DAY, Bar No. 197158 firstname.lastname@example.org SVETLANA M. BERMAN, Bar No. 239445 email@example.com MOHITH R. JULAPALLI, Bar No. 268240 firstname.lastname@example.org 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 email@example.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 PLAINTIFF'S MOTION TO DISMISS
DEFENDANTS' AMENDED COUNTERCLAIMS
Date: January 24, 2012 [PROPOSED 21CHANGE TO
January 31, 2012] Time: 10:00 a.m.
Courtroom: 5, 4th Floor 24
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, "Western Digital"), hereby stipulate through their respective counsel of record as follows:
WHEREAS, on December 6, 2012, GTE filed a motion to dismiss Western Digital's counterclaims for induced and contributory infringement under Federal Rule of Civil Procedure 12(b)(6) and proposed a hearing date and time of January 10, 2012, 10:00 a.m. (Dkt. No. 51);
WHEREAS, after briefing was completed, the Court issued an Order continuing the hearing on the motion to dismiss to January 24, 2012, 10:00 a.m. (Dkt. No. 61);
WHEREAS, certain counsel for Western Digital cannot attend the scheduled hearing due to an unavoidable conflict with a previously scheduled hearing in another matter;
WHEREAS, GTE and Western Digital, through their respective counsel of record, have agreed with the Court's permission to continue the hearing on the motion to dismiss until January 31, 2012, 10:00 a.m.; and
WHEREAS, the parties' undersigned counsel hereby declare that the requested time modifications would have no material impact on the case schedule because the case is at its initial stage:
IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that:
The hearing on Western Digital's motion to dismiss will be continued from January 24, 2012 to January 31, 2012, in Courtroom 5, 4th Floor, San Jose Courthouse, at 10:00 a.m.
HON. PAUL SINGH GREWAL UNITED STATES MAGISTRATE JUDGE
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