Opinion
Case No. 3:11-cv-01665-JSW
03-26-2013
E. I. DU PONT DE NEMOURS AND COMPANY, Plaintiff, v. USA PERFORMANCE TECHNOLOGY, INC., PERFORMANCE GROUP (USA), INC., WALTER LIEW, and JOHN LIU, Defendants.
GLYNN & FINLEY, LLP CLEMENT L. GLYNN, Bar No. 57117 MORGAN K. LOPEZ, Bar No. 215513 JONATHAN A. ELDREDGE, Bar No. 238559 Attorneys for E. I. du Pont de Nemours and Company MOUNT & STOELKER, P.C. DANIEL S. MOUNT ON LU KEVIN M. PASQUINELLI By Daniel S. Mount Attorneys for Defendants USA Performance Technology, Inc., and Walter Liew
GLYNN & FINLEY, LLP
CLEMENT L. GLYNN, Bar No. 57117
MORGAN K. LOPEZ, Bar No. 215513
JONATHAN A. ELDREDGE, Bar No. 238559
Attorneys for E. I. du Pont de Nemours and Company
JOINT STATUS REPORT AND
[PROPOSED] ORDER EXTENDING
STAY OF ACTION
Judge: Hon. Jeffrey S. White
Pursuant to the Court's January 18, 2013 Order, Plaintiff E. I. du Pont de Nemours and Company ("DuPont") and defendants Walter Liew and USA Performance Technology, Inc. (collectively "USAPT") submit this Joint Status Report. The parties request that the stay in this matter set to expire on March 26, 2013, remain in place for an additional 60 days, through May 27, 2013.
On August 23, 2011, the United States filed United States v. Walter Liew and Christina Liew, No. CR-11-0573-RS. On February 7, 2012, the United States filed a superseding indictment in said action. Id. at Docket # 64. On March 12, 2013, the United States filed a Second Superseding Indictment. Id. at Docket # 269,
DuPont's Position: The second superseding indictment alleges that defendant Walter Liew, his wife, Christina Liew, and several other defendants violated multiple federal trade secret and economic espionage laws when they stole - and utilized - the trade secrets at issue in this action. Inter alia, Mr. Liew is charged with Conspiracy to Commit Economic Espionage, Conspiracy to Commit Theft of Trade Secrets, Possession of Trade Secrets, Conveying Trade Secrets, Witness Tampering, and False Statements. See id. ¶¶16-97. In addition, the second superseding indictment identifies five DuPont trade secrets relating to its TiO2 technology at issue in the criminal action. Id. ¶ 14.
USAPT's Position: Defendants believe that the second superseding indictment speaks for itself, and no further explanation or commentary is appropriate or needed.
On September 7, 2011, this Court issued an Order relating the criminal proceeding with this action, pursuant to its determination that this action and the criminal proceeding are related within the meaning of Crim. L.R. 8-1(b). (Docket # 42.)
On September 16, 2011, DuPont dismissed without prejudice defendant John Liu pursuant to Federal Rule of Civil Procedure 41(a)(1). (Docket # 43.) Thus, the only remaining defendants in this action are Walter Liew and his company, USA Performance Technology Inc.
On September 23, 2011, the parties filed a joint status report requesting that the stay initially entered on July 22, 2011 (Docket # 39), be extended for an additional 60 days. (Docket # 44.) On September 29, 2011, the Court granted the parties' request. (Docket # 45.)
On November 23, 2011, the parties filed an additional joint status report requesting that the stay be extended for an additional 60 days. (Docket # 46.) The Court granted the parties' request on November 29, 2011. (Docket # 48.)
On January 24, 2012, the parties filed an additional joint status report requesting that the stay be extended for an additional 60 days. (Docket # 49.) The Court granted the parties' request on January 31, 2012. (Docket # 50.)
On March 26, 2012, the parties filed an additional joint status report requesting that the stay be extended for an additional 60 days. (Docket # 51.) The Court granted the parties' request on March 27, 2012. (Docket # 52.)
On May 23, 2012, the parties filed an additional joint status report requesting that the stay be extended for an additional 60 days. (Docket # 53). The Court granted the parties' request on May 23, 2012. (Docket # 54).
On July 23, 2012, the parties filed an additional joint status report requesting that the stay be extended for an additional 60 days. (Docket # 55). The Court granted the parties' request on July 24, 2012. (Docket # 56).
On September 21, 2012, the parties filed an additional joint status report requesting that the stay be extended for an additional 60 days. (Docket # 57). The Court granted the parties' request later that day. (Docket # 58).
On November 20, 2012, the parties filed an additional joint status report requesting that the stay be extended for an additional 60 days. (Docket # 59). The Court granted the parties' request later that day. (Docket # 60).
On January 18, 2013, the parties filed an additional joint status report requesting that the stay be extended for an additional 60 days. (Docket # 61). The Court granted the parties' request later that day. (Docket # 62).
The undersigned counsel request that the stay remain in place for an additional 60 days, at which time the parties will update the Court.
GLYNN & FINLEY, LLP
CLEMENT L. GLYNN
MORGAN K. LOPEZ
JONATHAN A. ELDREDGE
One Walnut Creek Center
100 Pringle Avenue, Suite 500
Walnut Creek, CA 94596
By Morgan K. Lopez
Attorneys for Plaintiff
MOUNT & STOELKER, P.C.
DANIEL S. MOUNT
ON LU
KEVIN M. PASQUINELLI
By Daniel S. Mount
Attorneys for Defendants USA Performance
Technology, Inc., and Walter Liew
[PROPOSED] ORDER
Having read and considered the Joint Status Report,
IT IS ORDERED THAT:
The parties' request that the stay be extended until May 27, 2013 is hereby GRANTED. Counsel shall submit a joint status report on or before May 20, 2013.
_______________
Honorable Jeffrey S. White
UNITED STATES DISTRICT JUDGE