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Hewlett-Packard Co. v. Chunghwa Picture Tubes, Ltd.

United States District Court, Ninth Circuit

June 11, 2013

HEWLETT-PACKARD COMPANY, Plaintiff,
v.
CHUNGHWA PICTURE TUBES, LTD., TATUNG COMPANY OF AMERICA, INC., Defendants.

WILLIAM S. FARMER, (SBN 46694), JACOB P. ALPREN, (SBN 235713), DAVID BROWNSTEIN, (SBN 141929), ANDREW H. PONTIOUS, (SBN 157174), FARMER BROWNSTEIN JAEGER LLP, San Francisco CA, Attorneys for Defendant, CHUNGHWA PICTURE TUBES, LTD.

BARTLIT BECK HERMAN PALENCHAR & SCOTT LLP, Lester Houtz, Fred Bartlit, Jr., Mark E. Ferguson, Karma Giulianelli, Andre M. Pauka, Daniel R. Brody. CROWELL & MORING LLP, Gregory D. Call, Beatrice B. Nguyen, Suzanne E. Rode, Attorneys for Plaintiff, Hewlett-Packard Company.

STIPULATION RE: CONTINUING HEARING FOR MOTION TO DISMISS [Dkt. 7660]; AND [PROPOSED] ORDER

SUSAN ILLSTON, District Judge.

RECITALS

WHEREAS, On November 30, 2012, Plaintiff Hewlett-Packard Company ("HP") filed a Complaint for Damages against Chunghwa Picture Tubes ("CPT"), et al., Docket No. 1, Case No. 3:12-cv-06085-SI, alleging a Violation of the Sherman Act, 15 U.S.C. § 1 and a Violation of the Texas Free Enterprise and Antitrust Act of 1983, Tex. Bus. & Com. Code §§ 15.01 et seq.,

WHEREAS, on March 20, 2013, Defendant CPT filed a Motion to Dismiss (Dkt. 7760, Case 3:07-MD-1827) pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, requesting an Order from this court dismissing all claims alleged against CPT in the Complaint filed by HP. CPT'S Motion to Dismiss is scheduled to be heard on May 31, 2013; at 9:00 a.m, in Courtroom 10, 19th Floor San Francisco, California before the Honorable Susan Illston, Judge of the U.S. District Court, Northern District of California.

WHEREAS, on May 28, 2013, Defendant Tatung Company of America, Inc. ("TUS") also filed a Motion to Dismiss (Dkt. 8017, Case 3:07-MD-1827) pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, requesting an Order from this court dismissing all claims alleged against TUS in the Complaint filed by HP. TUS's Motion to Dismiss is scheduled to be heard on August 9, 2013 at 9:00 a.m., in Courtroom 10, 19th Floor San Francisco, California before the Honorable Susan Illston, Judge of the U.S. District Court, Northern District of California. WHEREAS, CPT's Motion to Dismiss and TUS's Motion to Dismiss address similar arguments and questions of law, the hearing of both of which on the same day would conserve judicial and party resources.

WHEREAS the requested modification to the hearing date will not affect any other deadlines in the case.

STIPULATION

Plaintiff HP and Defendant CPT, through their respective attorneys of record, hereby stipulate that the hearing presently scheduled for May 31, 2013 for CPT's Motion to Dismiss (Dkt. 7760, Case 3:07-MD-1827), shall be continued to August 9, 2013 at 9:00 a.m.

ATTESTATION: Pursuant to General Order 45, Part X-B, the filer attests that concurrence in the filing of this document has been obtained from each of the signatories.

[PROPOSED] ORDER

Pursuant to the foregoing stipulation and good cause appearing that the hearing on the Motion to Dismiss of Chunghwa Picture Tubes, Ltd. (Dkt. 7660, Case 3:07-MD-1827) presently scheduled for June 21, 2013, shall be continued to August 9, 2013 at 9:00 a.m.

IT IS SO ORDERED.


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