Opinion
Case No. 3:13-cv-00380-EMC
05-06-2013
COPYTELE, INC., a Delaware Corporation, Plaintiff, v. AU OPTRONICS CORPORATION, a Taiwanese corporation; E INK HOLDINGS, INC., a Taiwanese corporation; and E INK CORPORATION, a Delaware corporation, Defendants.
LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP Eric B. Fastiff David T. Rudolph Melissa Gardner Attorneys for Plaintiff COPYTELE, INC. CROWELL & MORING LLP Beatrice B. Nguyen Attorneys for Defendant E INK CORPORATION LATHAM & WATKINS LLP Matthew Rawlinson Attorneys for Defendant AU OPTRONICS CORPORATION
Eric B. Fastiff (State Bar No. 182260)
(efastiff@lchb.com)
David T. Rudolph (State Bar No. 233457)
(drudolph@lchb.com)
Melissa A. Gardner (State Bar No. 289096)
(mgardner@lchb.com)
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, California 94111-3339
Telephone: (415) 956-1000
Facsimile: (415) 956-1008
Attorneys for Plaintiff CopyTele, Inc.
STIPULATION AND [PROPOSED]
ORDER TO MODIFY BRIEFING
SCHEDULE AND CONTINUE HEARING
DATE ON MOTIONS TO DISMISS AND
TO COMPEL ARBITRATION
Date: June 6, 2013
Judge: The Honorable Edward M. Chen
WHEREAS, on January 28, 2013, Plaintiff CopyTele, Inc. ("CopyTele") filed a complaint ("Complaint") against Defendants E Ink Holdings, Inc., a Taiwanese corporation, E Ink Corporation, a Delaware corporation (collectively "E Ink"), and AU Optronics Corporation ("AUO"), a Taiwanese corporation;
WHEREAS, on January 28, 2013, CopyTele filed a complaint against E Ink in the related case No. 3:13-cv-00378-EMC ("Related Complaint");
WHEREAS, on April 29, 2013, E Ink filed a motion to dismiss all claims against it in the Complaint;
WHEREAS, on April 29, 2013, E Ink also filed a motion to dismiss all claims against it in the Related Complaint;
WHEREAS, on April 29, 2013, E Ink also filed a motion in the alternative to stay the claims against it pending arbitration;
WHEREAS, on April 29, 2013, AUO filed a motion to stay litigation and compel arbitration;
WHEREAS, pursuant to this Court's stipulated Order, the Case Management Conference in this case is scheduled for June 6, 2013, at 1:30 p.m., the date and time that E Ink's motion to dismiss, E Ink's motion in the alternative to stay, and AUO's motion to compel arbitration are noticed to be heard by the Court (Docket No.45);
WHEREAS, CopyTele's lead counsel, Eric Fastiff, has a conflict with the scheduled June 6, 2013 hearing date for the aforementioned motions and Case Management Conference; Mr. Fastiff is the Chair of the Board of Trustees of his children's school and is required to preside over the 8th grade graduation taking place that afternoon;
WHEREAS, CopyTele's responses to the defendants' motions are currently due May 13, 2013;
WHEREAS, in light of the number of motions and related issues to which CopyTele must respond, CopyTele seeks a one-week extension until May 20, 2013, for CopyTele to respond to the aforementioned motions;
WHEREAS, E Ink and AUO seek a one-week extension to file their reply briefs;
WHEREAS, pursuant to this Court's Notice of Unavailability this Court is unavailable June 13, 2013;
WHEREAS, AUO's counsel are also unavailable for a hearing on June 13, 2013;
WHEREAS, counsel for all parties are all available for a hearing on June 27, 2013;
WHEREAS, continuing the Case Management Conference until June 27, 2013, the same proposed hearing date as for E Ink's motion to dismiss, E Ink's motion in the alternative to stay, and AUO's motion to compel arbitration, would promote judicial economy and efficiency and facilitate productive case management; and
WHEREAS, with the Case Management Conference continued to June 27, 2013, the Case Management Conference Statement would be due on or before June 20, 2013, pursuant to Civil General Standing Order No. 6, and no other case deadline would be affected;
WHEREAS, the parties seek to modify the briefing schedule and continue the Case Management Conference and the hearing until June 27, 2013;
IT IS HEREBY STIPULATED AND AGREED that:
1. CopyTele shall file its response to E Ink's motion to dismiss the Complaint on or before May 20, 2013;
2. CopyTele shall file its response to E Ink's alternative motion to stay claims against it pending arbitration on or before May 20, 2013;
3. CopyTele shall file its response to AUO's motion to stay litigation and compel arbitration on or before May 20, 2013;
4. E Ink and AUO shall file their reply briefs on or before June 3, 2013;
5. Both the Case Management Conference and the hearing on E Ink's and AUO's motions shall be continued from June 6, 2013 to June 27, 2013 at 1:30 p.m.;
6. Pursuant to Civil General Standing Order No. 6, the Case Management Conference Statement will be due on or before June 20, 2013.
LIEFF, CABRASER, HEIMANN
& BERNSTEIN, LLP
By: _________________
Eric B. Fastiff
Eric B. Fastiff
David T. Rudolph
Melissa Gardner
Attorneys for Plaintiff COPYTELE, INC.
CROWELL & MORING LLP
By: _________________
Beatrice B. Nguyen
Beatrice B. Nguyen
Attorneys for Defendant E INK CORPORATION
LATHAM & WATKINS LLP
By: ________________
Matthew Rawlinson
Matthew Rawlinson
Attorneys for Defendant AU OPTRONICS
CORPORATION
ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, I attest that concurrence in the filing of this document has been obtained from the other signatories.
_________________
David T. Rudolph
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED. For good cause shown:
1. CopyTele shall file its response to E Ink's motion to dismiss the Complaint (Docket No. 50) on or before May 20, 2013;
2. CopyTele shall file its response to E Ink's alternative motion to stay claims against it pending arbitration (Docket No. 52) on or before May 20, 2013;
3. CopyTele shall file its response to AUO's motion to stay litigation and compel arbitration (Docket No. 54) on or before May 20, 2013;
4. E Ink and AUO shall file their reply briefs on or before June 3, 2013;
5. Both the Case Management Conference and the hearing on E Ink's and AUO's motions shall be continued from June 6, 2013 to June 27, 2013 at 1:30 p.m.;
6. Pursuant to Civil General Standing Order No. 6, the Case Management Conference, Statement will be due on or before June 20, 2013.
Judge Edward M. Chen
CERTIFICATE OF SERVICE
I hereby certify that, on May 3, 2013, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send notification of such filing to all attorneys of record.
_________________
David T. Rudolph