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Xilinx, Inc. v. Papst Licensing Gmbh & Co. KG, 3:14-cv-04963-RS. (2015)

Court: District Court, N.D. California Number: infdco20150218926 Visitors: 8
Filed: Feb. 13, 2015
Latest Update: Feb. 13, 2015
Summary: JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING OF DEFENDANT'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, IN THE ALTERNATIVE, TRANSFER TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF DELAWARE RICHARD SEEBORG, District Judge. WHEREAS, on February 6, 2015, Defendant Papst Licensing GmbH & Co. KG ("Papst Licensing") filed a Motion to Dismiss for Lack of Personal Jurisdiction or, in the Alternative, Transfer to the U.S. District Court for the District of Del
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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING OF DEFENDANT'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, IN THE ALTERNATIVE, TRANSFER TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF DELAWARE

RICHARD SEEBORG, District Judge.

WHEREAS, on February 6, 2015, Defendant Papst Licensing GmbH & Co. KG ("Papst Licensing") filed a Motion to Dismiss for Lack of Personal Jurisdiction or, in the Alternative, Transfer to the U.S. District Court for the District of Delaware ("Motion to Dismiss"), which Papst Licensing noticed for hearing on March 19, 2015 [Dkt. 18];

WHEREAS, on February 11, 2015, Plaintiff Xilinx, Inc. ("Xilinx") filed a Motion for Leave to Conduct Limited Personal Jurisdiction Discovery ("Motion for Discovery") on the issues raised by Papst Licensing's Motion to Dismiss, which Motion for Discovery Xilinx noticed for hearing on March 12, 2015 [Dkt. 21];

WHEREAS, on February 11, 2015, Xilinx filed a Motion to Enlarge Time for Briefing and Hearing on Papst Licensing's Motion to Dismiss in which Xilinx requested that the hearing on Papst Licensing's Motion to Dismiss be continued to April 23, 2015 and the deadline for Xilinx to oppose the Motion to Dismiss be extended to April 2, 2015 [Dkt. 27];

WHEREAS, a Case Management Conference in this action is currently scheduled for March 19, 2015 [Dkt. 15];

WHEREAS, to allow time for briefing, hearing, and a decision on Xilinx's Motion for Discovery, the parties agree to a continuance of the Case Management Conference and hearing on Papst Licensing's Motion to Dismiss and an extension of the remaining briefing deadlines on Papst Licensing's Motion to Dismiss; and

WHEREAS, the parties expressly agree that Papst Licensing does not waive its right to challenge the exercise of personal jurisdiction over Papst Licensing or venue in this Court by entering into this Stipulation.

THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT:

1. the hearing on Papst Licensing's Motion to Dismiss is continued to April 23, 2015, or as soon thereafter as the Court is available;

2. the deadline for Xilinx to file an opposition to Papst Licensing's Motion to Dismiss is extended to April 2, 2015;

3. the deadline for Papst Licensing to file a reply on its Motion to Dismiss is extended to April 9, 2015, and

4. the Case Management Conference is continued to April 23, 2015, or as soon thereafter as the Court is available.

[PROPOSED] ORDER

Pursuant to the parties' stipulation, and good cause shown, it is hereby ORDERED:

1. the hearing on Papst Licensing's Motion to Dismiss shall be continued to April 23, 2015 at 1:30 p.m.;

2. the deadline for Xilinx to oppose Papst Licensing's Motion to Dismiss shall be extended to April 2, 2015;

3. the deadline for Papst Licensing to file a reply on its Motion to Dismiss shall be extended to April 9, 2015, and

4. the Case Management Conference shall be continued to April 23, 2015 at 10:00 a.m.

Source:  Leagle

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