Opinion
Case No. 5:11-cv-03613-EJD
10-11-2011
Arthur J. Shartsis (SBN 51549) Mary Jo Shartsis (SBN 55194) Robert E. Schaberg (SBN 81430) James P. Martin (SBN 170044) SHARTSIS FRIESE LLP Attorneys for Plaintiff GSI TECHNOLOGY, INC. Lee H. Rubin (SBN 141331) Christopher J. Kelly (SBN 276312) MAYER BROWN LLP Attorneys for Defendant CYPRESS SEMICONDUCTOR CORPORATION
SHARTSIS FRIESE LLP
ARTHUR J. SHARTSIS (Bar #51549)
MARY JO SHARTSIS (Bar #55194)
ROBERT E. SCHABERG (Bar #81430)
JAMES P. MARTIN (Bar #170044)
Attorneys for Plaintiff
GSI TECHNOLOGY, INC.
STIPULATION TO ENLARGE THE TIME
FOR OPPOSITION AND REPLY BRIEFS
ON DEFENDANT'S MOTION TO DISMISS
[Local Civil Rule 6-2]
Plaintiff GSI Technology, Inc. ("GSI") and Defendant Cypress Semiconductor Corporation ("Cypress"), by and through their respective counsel of record, hereby agree and stipulate to an enlargement of time to serve and file their respective opposition and reply memoranda pursuant to Local Civil Rule 6-2 for the following reasons:
1. GSI filed its Complaint against Cypress on July 22, 2011 for violation of federal and state antitrust laws. At the request of Cypress, GSI stipulated to enlarge Cypress's time to respond to the Complaint to September 14, 2011 pursuant to Local Civil Rule 6-1(a). (Docket No. 11.) On September 14, 2011, Cypress filed its Motion to Dismiss the Complaint ("Motion to Dismiss"), which is to be heard on December 16, 2011, at 9:00 a.m. (Docket No. 14.)
2. On September 20, 2011, GSI and Cypress stipulated to a briefing schedule, which the Court approved on September 23, 2011. (Docket No. 18).
3. GSI has requested a one-week enlargement of time to file its opposition to Cypress's Motion to Dismiss, from October 28, 2011 to November 4, 2011, to accommodate an attorney working on the opposition who has had to undergo back surgery, and, as a result has been largely out of the office recuperating at home for the past two weeks. Cypress has agreed to the enlargement requested and both parties agree to an enlargement of time for Cypress to file its reply memorandum from November 18, 2011 to December 2, 2011. The enlargements of time do not affect the hearing date, which remains December 16, 2011 at 9:00 a.m.
4. There have been two previous enlargements of time in this case: an enlargement of time for Cypress to respond to the Complaint and an enlargement of time set by the briefing schedule for Cypress' Motion to Dismiss approved by the Court. The enlargements of time requested by this Stipulation will not have any effect on the schedule of the case.
Respectfully submitted,
Arthur J. Shartsis (SBN 51549)
Mary Jo Shartsis (SBN 55194)
Robert E. Schaberg (SBN 81430)
James P. Martin (SBN 170044)
SHARTSIS FRIESE LLP
Attorneys for Plaintiff
GSI TECHNOLOGY, INC.
Lee H. Rubin (SBN 141331)
Christopher J. Kelly (SBN 276312)
MAYER BROWN LLP
Attorneys for Defendant
CYPRESS SEMICONDUCTOR CORPORATION
PURSUANT TO STIPULATION, IT IS SO ORDERED.
THE HONORABLE EDWARD J. DAVILA
UNITED STATES DISTRICT COURT
CERTIFICATION UNDER GENERAL ORDER NO. 45
I, Mary Jo Shartsis, am the ECF User whose ID and password are being used to file this Stipulation. In compliance with General Order No. 45, X.B., I attest that Christopher J. Kelly, counsel for Defendant, has concurred in this filing.
DATED: October 7, 2011
MARY JO SHARTSIS