1 ERIC S. WALTERS (CA SBN 151933)
EWalters@mofo.com
2 ERIKA L. YAWGER (CA SBN 234919)
EYawger@mofo.com
3 MORRISON & FOERSTER LLP
755 Page Mill Road
4 Palo Alto, CA 94304-1018
Telephone: 650.813.5600
5 Facsimile: 650-494-0792 6 Attorneys for Plaintiff
ALIPHCOM
7 8 UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA
10
SAN JOSE DIVISION
11 12 ALIPHCOM, a California corporation, Case No. 3:10-cv-02337-LHK 13 Plaintiff, STIPULATION AND [PROPOSED]
ORDER TO CONTINUE DATES
14 v. FOR HEARING AND CASE
MANAGEMENT CONFERENCE
15 WI-LAN, INC., a Canadian corporation, 16 Defendant. [Civil L.R. 7-12] 17 18 Pursuant to Civil Local Rule 7-12, Plaintiff Aliphcom (“Aliph”) and Defendant Wi-LAN, 19 Inc. (“Wi-LAN”), by and through their respective undersigned counsel, hereby stipulate and 20 jointly request that the Court continue the September 7, 2010 Initial Case Management 21 Conference and hearing on Wi-LAN’s Motion to Dismiss for Lack of Personal Jurisdiction and/or 22 Motion to Transfer (“Motion to Dismiss and/or Transfer”) as follows: 23 WHEREAS, on July 28, 2010, Defendant Wi-LAN filed its Motion to Dismiss and/or 24 Transfer; and, 25 WHEREAS, on August 2, 2010, this case was reassigned from Hon. Judge Susan Illston 26 to Hon. Judge Lucy H. Koh, and all pending motion dates and hearings were taken off-calendar; 27 and,
21 WHEREAS, on August 9, 2010, the Parties received the Clerk’s Notice Directing Counsel 2 to Re-Notice Motions, which set the Initial Case Management Conference for September 7, 2010 3 and directed counsel to re-notice the Motion to Dismiss and/or Transfer for September 7, 2010; 4 and, 5 WHEREAS, Aliph and Wi-LAN are in the process of meeting and conferring regarding 6 the timing and scope of any discovery that Aliph intends to pursue concerning the jurisdiction and 7 venue issues raised in Wi-LAN’s Motion to Dismiss and/or Transfer prior to filing its Opposition 8 thereto; and, 9 WHEREAS, as a matter of judicial economy, the Parties agree that the date for the Initial 10 Case Management Conference should be continued to coincide with the Parties’ new requested 11 date for the hearing on the Motion to Dismiss and/or Transfer; 12 THEREFORE, the Parties hereby stipulate and agree and request that the Court continue 13 the date for the hearing on Wi-LAN’s Motion to Dismiss and/or Transfer and the Initial Case 14 Management Conference to November 4, 2010. The Parties further stipulate and agree that last 15 day for Aliph to file its Opposition to the Motion to Dismiss and/or Transfer will be October 11, 16 2010, and the last day for Wi-LAN to file its Reply in support of its Motion to Dismiss and/or 17 Transfer will be October 18, 2010. 18 Furthermore, pursuant to Fed. R. Civ. P. 26(f)(2) and Civil Local Rule 16, the Parties 19 hereby stipulate and agree and request that the last day for the parties to file Joint Case 20 Management Conference Statements pursuant to paragraphs 10 and 11 of Judge Koh’s 21 Reassignment Order shall be continued to October 21, 2010. 22 23 24 25 26 27
31 Dated: August 12, 2010 ERIC S. WALTERS
ERIKA L. YAWGER
2 MORRISON & FOERSTER LLP
3
By: /s/ Eric S. Walters
ERIC S. WALTERS
4
Attorneys for Plaintiff ALIPHCOM
5 6
Dated: August 12, 2010 LAURA A. HANDLEY MCKOOL SMITH, P.C.
7 8
By: /s/ Laura A. Handley 9
LAURA A. HANDLEY
Attorneys for Defendant
10
WI-LAN INC.
11 12
SIGNATURE ATTESTATION
13 I hereby attest that I have obtained the concurrence in the filing of this document by the 14 signatories indicated by a conformed “s/” signature. I will maintain records that support this 15 concurrence that can be made available for inspection upon request. 16
Dated: August 12, 2010 MORRISON & FOERSTER LLP 17 18
By: s/Eric S. Walters
ERIC S. WALTERS
19
Attorneys for Plaintiff ALIPHCOM
20 21 22 IT IS SO ORDERED.
23
Dated: Augus_t_ 1_3_, 201 0 ______________________________ The Honorable Lucy H. Koh
24
United States District Judge 25 26 27