Filed: Jan. 10, 2017
Latest Update: Jan. 10, 2017
Summary: JOINT CASE MANAGEMENT STATEMENT AND STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER JON S. TIGAR , District Judge . Pursuant to the CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE dated December 9, 2016 (Dkt. No. 361), the parties respectfully submit this Joint Case Management Statement and Stipulated Request to Continue the Case Management Conference, currently scheduled for January 18, 2017. Even though the United States Court of Appeals for the Federa
Summary: JOINT CASE MANAGEMENT STATEMENT AND STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER JON S. TIGAR , District Judge . Pursuant to the CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE dated December 9, 2016 (Dkt. No. 361), the parties respectfully submit this Joint Case Management Statement and Stipulated Request to Continue the Case Management Conference, currently scheduled for January 18, 2017. Even though the United States Court of Appeals for the Federal..
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JOINT CASE MANAGEMENT STATEMENT AND STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
JON S. TIGAR, District Judge.
Pursuant to the CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE dated December 9, 2016 (Dkt. No. 361), the parties respectfully submit this Joint Case Management Statement and Stipulated Request to Continue the Case Management Conference, currently scheduled for January 18, 2017.
Even though the United States Court of Appeals for the Federal Circuit issued a decision on December 6, 2016, the appeal remains pending. Under the Federal Rules of Appellate Procedure, the Federal Circuit's mandate should issue within "7 days after the time to file a petition for rehearing expires, or 7 days after entry of an order denying a timely petition for panel rehearing, petition for rehearing en banc, or motion for stay of mandate, whichever is later." Fed. R. App. P. 41(b). CMI and Cooler Master intend to petition for a rehearing and asked for, and received, an extension of the due date for their rehearing petition to January 19, 2017. As a result, the Federal Circuit's mandate has not issued and will not issue before the scheduled date of the Case Management Conference.
In view of the foregoing, the parties agree, with the Court's permission, that the Case Management Conference be continued until after the Federal Circuit issues its mandate. Accordingly, the parties also propose that they submit a status update on March 1, 2017, or within 7 days after the Federal Circuit issues its mandate, whichever occurs first.
By his signature below, counsel for Asetek attests that counsel for CMI and Cooler Master concurs in the filing of this Joint Stipulated Request to Continue the Case Management Conference.
[PROPOSED] ORDER
Having considered the parties' Joint Stipulated Request, the Court hereby continues the Case Management Conference scheduled for January 18, 2017. The parties are to submit a status update on March 1, 2017, or within 7 days after the Federal Circuit issues its mandate, whichever occurs first.
IT IS SO ORDERED.
