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Koninklijke Philips N.V. v. HTC Corp., 4:18-cv-01887-HSG. (2018)

Court: District Court, N.D. California Number: infdco20180817d38 Visitors: 12
Filed: Aug. 16, 2018
Latest Update: Aug. 16, 2018
Summary: STIPULATION TO EXTEND TIME TO REPLY TO DEFENDANTS HTC CORP. AND HTC AMERICA, INC.'S RESPONSE TO PHILIPS' MOTION TO PARTIALLY CONSOLIDATE CERTAIN MATTERS FOR TRIAL HAYWOOD S. GILLIAM, JR. , District Judge . Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiffs Koninklijke Philips N.V. and U.S. Philips Corp. ("Philips") together with Defendants HTC Corp. and HTC America, Inc. (collectively, "HTC"), through counsel, hereby stipulate as follows: WHEREAS, at the combined June 26, 2018 Case Man
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STIPULATION TO EXTEND TIME TO REPLY TO DEFENDANTS HTC CORP. AND HTC AMERICA, INC.'S RESPONSE TO PHILIPS' MOTION TO PARTIALLY CONSOLIDATE CERTAIN MATTERS FOR TRIAL

Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiffs Koninklijke Philips N.V. and U.S. Philips Corp. ("Philips") together with Defendants HTC Corp. and HTC America, Inc. (collectively, "HTC"), through counsel, hereby stipulate as follows:

WHEREAS, at the combined June 26, 2018 Case Management Conference in the above-captioned case (the "HTC Case") and the related cases Koninklijke Philips N.V. et al. v. Acer Inc. et al., 4:18-cv-1885-HSG, Koninklijke Philips N.V. et al. v. ASUSTeK Computer Inc. et al., 4:18-cv-1886-HSG, Koninklijke Philips N.V. et al. v. Visual Land Inc., 4:18-cv-1888-HSG, and Koninklijke Philips N.V. et al. v. YiFang USA, Inc. d/b/a E-Fun Inc., 4:18-cv-1890-HSG (collectively, the "Related Cases"), Philips raised the issue of filing a motion to consolidate certain matters for trial;

WHEREAS, the Court subsequently ordered in the HTC Case and the Related Cases the following briefing schedule for that motion: "July 17, 2018-last day to file motion regarding the section 299 issue; August 7, 2018-last day to file opposition to motion; August 14, 2018-last day to file reply to motion." (Dkt. No. 430, 4:18-cv-1885-HSG; Dkt. No. 390, 4:18-cv-1886-HSG; Dkt. No. 274, 4:18-cv-1887-HSG; Dkt. No. 363, 4:18-cv-1888-HSG; and Dkt. No. 342, 4:18-cv-1890-HSG);

WHEREAS, in accordance with that briefing schedule, on July 17, 2018, Philips filed in the Related Cases Plaintiffs' Motion to Partially Consolidate Certain Matters for Trial ("Motion to Consolidate") (Dkt. No. 442, 4:18-cv-1885-HSG; Dkt. No. 398, 4:18-cv-1886-HSG; Dkt. No. 372, 4:18-cv-1888-HSG; and Dkt. No. 352, 4:18-cv-1890-HSG);

WHEREAS, on August 7, 2018, Defendants and Microsoft filed in the Related Cases Oppositions to the Motion to Consolidate (Dkt. Nos. 454, 455, 4:18-cv-1885-HSG; Dkt. Nos. 411, 412, 4:18-cv-1886-HSG; Dkt. Nos. 382, 383, 4:18-cv-1888-HSG; and Dkt. Nos. 364, 365, 4:18-cv-1890-HSG);

WHEREAS, on August 7, 2018, HTC filed an Administrative Motion for Permission to File Response to Plaintiffs' Motion to Partially Consolidate ("HTC's Administrative Motion") in the HTC Case (Dkt. No. 286), given that Philips did not file the Motion to Consolidate in that case, and HTC attached its response as Exhibit A to HTC's Administrative Motion ("HTC's Response") (Dkt. No. 286-2);

WHEREAS, on August 8, 2018, the Court granted HTC's Administrative Motion (Dkt. No. 287);

WHEREAS, the Court subsequently granted in the Related Cases those parties' stipulated requests to extend Philips' August 14, 2018 deadline to file a reply in support of its Motion to Consolidate to August 21, 2018 (Dkt. Nos. 464, 465, 4:18-cv-1885-HSG; Dkt. Nos. 428, 429, 4:18-cv-1886-HSG; Dkt. Nos. 392, 393, 4:18-cv-1888-HSG; and Dkt. Nos. 371, 375, 4:18-cv-1890-HSG);

WHEREAS, on August 15, 2018, HTC filed its Response to Philips' Motion to Partially Consolidate Certain Matters for Trial (Dkt. No. 294);

WHEREAS, similarly, Philips in this HTC case has requested a one-week extension of time for Philips to file its response/reply to HTC's Response to August 21, 2018, to allow Philips adequate time to fully and completely respond to all of the papers that have been filed with respect to this issue;

WHEREAS, HTC has consented to Philips' requested extension;

WHEREAS, the hearing regarding this issue is currently scheduled for September 27, 2018 at 2:00 p.m.; and

WHEREAS, the extension of time for Philips' response/reply is not expected to alter the date for the currently scheduled hearing.

NOW THEREFORE IT IS HEREBY STIPULATED by and between Philips and HTC, through counsel, that Philips' response/reply to HTC's Response will be due on August 21, 2018.

ATTESTATION

Pursuant to Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this document has been obtained from counsel for HTC Corp. and HTC America, Inc.

Dated: August 15, 2018 /s/ Sean M. McCarthy

PURSUANT TO STIPULATION, IT IS SO ORDEERED.

Source:  Leagle

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