Filed: Nov. 12, 2013
Latest Update: Nov. 12, 2013
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE EDWARD M. CHEN, District Judge. Pursuant to Civil Local Rules 6-1, 6-2, and 7-12, this Stipulation and [Proposed] Order is entered into by and between Plaintiff CopyTele, Inc. ("CopyTele") and 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, CopyTele filed its compla
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE EDWARD M. CHEN, District Judge. Pursuant to Civil Local Rules 6-1, 6-2, and 7-12, this Stipulation and [Proposed] Order is entered into by and between Plaintiff CopyTele, Inc. ("CopyTele") and 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, CopyTele filed its complai..
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
EDWARD M. CHEN, District Judge.
Pursuant to Civil Local Rules 6-1, 6-2, and 7-12, this Stipulation and [Proposed] Order is entered into by and between Plaintiff CopyTele, Inc. ("CopyTele") and 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, CopyTele filed its complaint in this action on January 28, 2014;
WHEREAS, on April 29, 2013, AUO filed a motion to compel arbitration and to stay the litigation, and E Ink filed motions to dismiss all claims against it and in the alternative to stay the claims against it pending arbitration between CopyTele and AUO;
WHEREAS, on July 9, 2013, in light of CopyTele's agreement to arbitrate its claims against AUO, this Court stayed the claims against all defendants pending the resolution of the arbitration (Dkt. No. 91);
WHEREAS, the parties engaged in Settlement Conference proceedings before Magistrate Judge Jacqueline Scott Corley in August and September but were not successful in resolving the case (Dkt. Nos. 93 & 94);
WHEREAS, CopyTele filed its Demand for Arbitration before the American Arbitration Association on September 17, 2013, and AUO filed its Answer in the arbitration on October 28, 2013;
WHEREAS, CopyTele and AUO are currently engaged in the arbitrator selection process;
WHEREAS, in light of the status of the arbitration, the parties respectfully request that the Court continue the Case Management Conference 90 days;
IT IS HEREBY STIPULATED AND AGREED that:
1. The Case Management Conference shall be continued from November 21, 2013 to February 20, 2014 at 10:30 a.m.
2. Pursuant to Civil General Standing Order No. 6, the Case Management Conference, Statement will be due on or before February 13, 2014.
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED. For good cause shown:
1. The Case Management Conference shall be continued from November 21, 2013 to February 20, 2014 at 10:30 a.m.
2. Pursuant to Civil General Standing Order No. 6, the Case Management Conference Statement will be due on or before February 13, 2014.