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Grecia v. Dish Network L.L.C., 4:16-cv-00323-YGR (2017)

Court: District Court, N.D. California Number: infdco20170913f03 Visitors: 5
Filed: Sep. 12, 2017
Latest Update: Sep. 12, 2017
Summary: JOINT STATEMENT AND STIPULATION ON STAY OF CASE YVONNE GONZALEZ ROGERS , District Judge . Plaintiff William Grecia ("Grecia") and Defendants DISH Network L.L.C. ("DISH"), Adobe Systems Incorporated ("Adobe"), and Target Corporation ("Target"), pursuant to the Court's Orders of February 23, 2017, March 6, 2017, and March 8, 2017 (in the DISH, Adobe, and Target cases respectively), by and through their respective counsel of record, hereby provide the following joint statement informing th
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JOINT STATEMENT AND STIPULATION ON STAY OF CASE

Plaintiff William Grecia ("Grecia") and Defendants DISH Network L.L.C. ("DISH"), Adobe Systems Incorporated ("Adobe"), and Target Corporation ("Target"), pursuant to the Court's Orders of February 23, 2017, March 6, 2017, and March 8, 2017 (in the DISH, Adobe, and Target cases respectively), by and through their respective counsel of record, hereby provide the following joint statement informing the Court of the status of related cases pending before Judge Richard J. Sullivan in the Southern District of New York. Those cases are: Grecia v. MasterCard Inc., 15-cv-9059; Grecia v. Visa Inc., 15-cv-9210 (collectively, the "Credit Card Actions"); Grecia v. Samsung Electronics America, 16-cv-9691 (the "Samsung Action"); and Grecia v. 1-800-Flowers.com, Inc., 16-cv-7022; Grecia v. BestBuy.com, LLC, 16-cv-7024; Grecia v. J Crew Group, Inc., 16-cv-7025; and Grecia v. Adorama Camera, Inc., 16-cv-7111 (these four, collectively, the "Retailer Actions").1 This joint statement and stipulation will be submitted in the DISH, Adobe, and Target cases.

By the Court Orders referenced above, this Court stayed the captioned cases pending the issuance of a claim construction order by Judge Sullivan in the Credit Card Actions.2 (D.I. 52, 33, and 41.)

On April 3, 2017, Judge Sullivan lifted a stay of the Credit Card Actions and the Samsung Action and ordered the parties thereto to submit a case management plan. On April 12, 2017, Judge Sullivan entered a case management plan in those cases which inter alia set dates for claim construction exchanges and briefing through November 28, with a hearing to follow at the court's convenience. (S.D.N.Y. Case No. 15-cv-9059, D.I. 48 at 6.) The parties in the Credit Card Actions and the Samsung Action are engaged in the claim construction process and have exchanged proposed constructions. (S.D.N.Y. Case No. 15-cv-9059, D.I. 60 at 2.) The Retailer Actions remain stayed pending the issuance of Judge Sullivan's claim construction order and no substantive events have transpired therein since this Court's February/March, 2017 orders.

In light of the foregoing, Grecia and Defendants ask on stipulation that this Court continue its stay of these actions pending Judge Sullivan's claim construction order and reset the compliance hearing scheduled for Friday, September 15, 2017 to Friday, January 19, 2018. The parties will file another joint statement informing the Court of the status of the cases pending before Judge Sullivan no later than January 12, 2018.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

FootNotes


1. Since the Court's March 6, 2017 order, two related cases once pending before Judge Sullivan have been dismissed: Grecia v. American Express Co., 15-cv-9217 (settled on February 26, 2017); and Grecia v. Neiman Marcus Group, Inc., 16-cv-7026 (settled on April 22, 2017).
2. Adobe did not, however, agree to be bound by Judge Sullivan's claim construction order. (D.I. 33 at 2.) The stay in the Target case (4:17-cv-00323) was not the result of a stipulated request but of Target's motion. (Dkt. No. 25). DISH and Target have not agreed to be bound by Judge Sullivan's claim construction order either. The Defendants reserve their rights to raise their requests to stay the cases beyond the issuance of Judge Sullivan's claim construction order as appropriate.
Source:  Leagle

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