Opinion
Case No. 08cv00095 EJD
10-18-2011
JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, Plaintiff v. LEXAR MEDIA, INC., a Delaware corporation; and DOES 1 - 100, Defendants. and related counterclaims. JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, Plaintiff v. LEXAR MEDIA, INC., Defendant
MELODY A. KRAMER, SBN 169984 KRAMER LAW OFFICE, INC. Attorney for Plaintiff JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST JARED BOBROW, SBN 133712 WEIL, GOTSHAL & MANGES LLP KEVIN KUDLAC (pro hac vice) WEIL, GOTSHAL & MANGES LLP Attorneys for Defendant LEXAR MEDIA, INC.
MELODY A. KRAMER, SBN 169984
KRAMER LAW OFFICE, INC.
Attorney for Plaintiff JENS ERIK SORENSEN,
as Trustee of SORENSEN RESEARCH
AND DEVELOPMENT TRUST
JARED BOBROW, SBN 133712
WEIL, GOTSHAL & MANGES LLP
KEVIN KUDLAC (pro hac vice)
WEIL, GOTSHAL & MANGES LLP
Attorneys for Defendant LEXAR MEDIA, INC.
STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE BY
ONE WEEK & ORDER THEREON
Date: November 4, 2011
Time: 10:00 a.m.
Courtroom 1, 5th Floor
Judge: The Hon. Edward J. Davila
Plaintiff Jens Erik Sorensen, as Trustee of Sorensen Research and Development Trust ("Plaintiff') is requesting a one-week continuance of the Case Management Conference scheduled for October 28, 2011 at 10:00 a.m. (see Doc. #179) for the following reasons:
1. Plaintiff's counsel, Ms. Kramer, will be out-of-state for a preplanned and unchangeable commitment from October 28-31, 2011;
2. Counsel who will shortly be entering her appearance as additional counsel for Plaintiff, Patricia Shackelford, and was scheduled to appear on October 28th, has not yet had her admission to the Northern District processed and therefore cannot yet enter her appearance in the case.
Defendant Lexar Media, Inc. ("Defendant") is amenable to this scheduling change and hereby stipulates to the requested continuance. RESPECTFULLY SUBMITTED this Tuesday, October 18, 2011,
I, Melody Kramer, attest that concurrence in the filing of the document has been obtained from each of the signatories below, which shall serve in lieu of their signatures on the document.
MELODY A. KRAMER, SBN 169984
________________________
JARED BOBROW, SBN 133712
WEIL, GOTSHAL & MANGES LLP
KEVIN KUDLAC (pro hac vice)
WEIL, GOTSHAL & MANGES LLP
ORDER
Good cause appearing therefore, the parties stipulation is GRANTED. The Case Management Conference currently scheduled for October 28, 2011, is VACATED and re-scheduled for November 4, 2011, at 10:00 a.m. The parties shall file a Joint Case Management Statement on or before October 28, 2011.
The parties are further ordered to provide a proposed order for all further requests of this
IT IS SO ORDERED.
EDWARD J. DAVILA
United States District Judge
DECLARATION OF MELODY A. KRAMER
I, MELODY A. KRAMER, declare:
1. I am not a party to the present action. I am over the age of eighteen. I have personal knowledge of the facts contained within the following paragraphs, and could and would competently testify thereto if called as a witness in a court of law.
2. At all times relevant herein I have been an attorney for Sorensen Research and Development Trust ("Sorensen"), Plaintiff in the above-captioned matter.
3. This declaration is made in support of the parties Stipulation to Continue Case Management Conference by One Week.
4. The requested continuance is made for the reasons set forth in the Motion
above, namely,
a. I will be out-of-state for a preplanned and unchangeable commitment from October 28-31, 2011;
b. Counsel who will shortly be entering her appearance as additional counsel for Plaintiff, Patricia Shackelford, and was scheduled to appear on October 28th, has not yet had her admission to the Northern District processed and therefore cannot yet enter her appearance in the case.
5. I contacted Mr. Bobrow, counsel for Defendant Lexar Media, Inc. ("Defendant"), and he indicated Defendant's willingness to agree to this scheduling change and join in a stipulation for the same.
6. Within the last year there has only been one request to modify time in this case was Plaintiffs Motion to Shorten Time for Hearing on its Motion for Immediate Lift of Stay which was granted by the Court at Doc. #173. The last prior request for time modification was in April 2010 wherein Plaintiff requested an expedited hearing date for a Motion to Reopen Case, which request was denied at Doc. #151.
7. The effect of the requested time modification to this case will be minimal in that the requested continuance is only by one week. Furthermore, the time modification will allow me, as lead counsel in this case, to be present for the Case Management Conference instead of another attorney who does not have as much familiarity with the case.
SWORN TO UNDER PENALTY OF PERJURY on Tuesday, October 18, 2011 in San Diego, California.
Melody A. Kramer, Esq.
Attorney for Plaintiff
PROOF OF SERVICE
I, Melody A. Kramer, declare: I am and was at the time of this service working within in the County of San Diego, California. I am over the age of 18 year and not a party to the within action. My business address is the Kramer Law Office, Inc., 9930 Mesa Rim Road, Suite 1600, San Diego, California, 92121.
On Tuesday, October 18, 2011 I served the following documents:
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE
BY ONE WEEK
+-----------------------------------------------------------------------------+ ¦PERSON(S) SERVED ¦PARTY(IES) SERVED ¦METHOD OF SERVICE ¦ +----------------------+-------------------+----------------------------------¦ ¦Jared Bobrow ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Weil, Gotshal & Manges¦ ¦ ¦ ¦LLP ¦ ¦ ¦ ¦ ¦ ¦Email--Pleadings Filed with the ¦ ¦201 Redwood Shores ¦Lexar Media, Inc. ¦Court via ¦ ¦Parkway ¦ ¦ ¦ ¦ ¦ ¦CM/ECF ¦ ¦Redwood Shores, CA ¦ ¦ ¦ ¦94065 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦jared.bobrow@weil.com ¦ ¦ ¦ +----------------------+-------------------+----------------------------------¦ ¦Kevin Kudlac ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Weil, Gotshal & Manges¦ ¦ ¦ ¦LLP ¦ ¦Email--Pleadings Filed with the ¦ ¦ ¦ ¦Court via ¦ ¦Kevin.kudlac@weil.com ¦Lexar Media, Inc. ¦ ¦ ¦ ¦ ¦CM/ECF ¦ ¦700 Louisiana, Suite ¦ ¦ ¦ ¦1600 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Houston, Texas 77002 ¦ ¦ ¦ +-----------------------------------------------------------------------------+
[ ] (Personal Service) I caused to be personally served in a sealed envelope hand-delivered to the office of counsel during regular business hours.
[ ] (Federal Express) I deposited or caused to be deposited today with Federal Express in a sealed envelope containing a true copy of the foregoing documents with fees fully prepaid addressed to the above noted addressee for overnight delivery.
[ ] (Facsimile) I caused a true copy of the foregoing documents to be transmitted by facsimile machine to the above noted addressees. The facsimile transmissions were reported as complete and without error.
[ ] (Email) I emailed a true copy of the foregoing documents to an email address represented to be the correct email address for the above noted addressee.
[×] (Email--Pleadings Filed with the Court) Pursuant to Local Rules, I electronically filed this document via the CM/ECF system for the United States District Court for the Southern District of California.
[ ] (U.S. Mail) I mailed a true copy of the foregoing documents to a mail address represented to be the correct mail address for the above noted addressee.
I declare that the foregoing is true and correct, and that this declaration was executed on Tuesday, October 18, 2011, in San Diego, California.
____________
Melody A. Kramer