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12-2319 - Smart Modular Technologies, Inc. v. Netlist, Inc.


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12-2319 - Smart Modular Technologies, Inc. v. Netlist, Inc.
September 13, 2012
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PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 9/12/12. (Mena-Sanchez, L)
September 21, 2012
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ORDER signed by Judge Morrison C. England, Jr on 9/17/12 GRANTING 7 Application for leave to file brief in excess of 20 pages. (Manzer, C)
September 28, 2012
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ORDER signed by Judge Morrison C. England, Jr. on 9/28/2012 GRANTING 23 Notice of Request to Seal Document(s) filed by Smart Modular Technologies, Inc. (Zignago, K.)
October 1, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/1/12 APPROVING IN PART 26 Stipulation and Proposed Order filed by Netlist, Inc. and defendant shall have until 10/8/12 to file any motion for reconsideration of this court's granting of plaintiff's ex parte request for a protective order. (Meuleman, A)
October 4, 2012
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und F. Brennan. The parties are reminded of the necessity of meeting and conferring in good faith, and attempting to resolve their discovery dispute prior to the court's hearing regarding the dispute. Therefore, on or before 5:00 p.m. on 10/5/1ORDER signed by Magistrate Judge Edmund F. Brennan on 10/4/12 APPROVING 37 Stipulation for an Order Shortening Time; SETTING motion hearing re 36 MOTION for DISCOVERY for 10/10/2012 at 02:30 PM in Courtroom 24 (EFB) before Magistrate Judge Edm2, the parties shall further meet and confer regarding the motion for expedited discovery. Failure of any party to do so will be cause for sanctions. If the parties are able to resolve the dispute without court intervention, defendant's counsel shall withdraw the motion as soon as possible. If the parties are unable to resolve the dispute through the meet and confer process, the parties shall file a joint statement regarding the discovery dispute at or before 9:00 a.m. on 10/9/12. The joint statement shall indicate what efforts were made to meet and confer regarding the discovery dispute. (Meuleman, A)
October 12, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/12/12 ORDERING that the Defendant shall be entitled to depose the following witnesses in support of plaintiff's motion for a preliminary injunction, 22 Richard J. Ostiller, Professor Nader Bagherzadeh, Ph.D., Michael Rubino, Bryan Heinze, and Shay McGarr; As soon as feasible following the filing by defendant of its opposition to plaintiff's motion for preliminary injunction (currently scheduled for 10/18/12), the parties shall meet and confer to determine if plaintiff believes it is still necessary to take the depositions of either Mr. Lee or Mr. Lopes. If the parties are unable to resolve any remaining disagreements re whether the depositions of Mr. Lee and/or Mr. Lopes shall occur, this court shall conduct a hearing on the matter on Monday, 10/22/12 at 9:30 a.m. in Courtroom No. 24; The parties shall file a joint statement regarding the disagreement(s) no later than 5:00 p.m. on Friday, 10/19/12. The joint statement shall indicate what efforts were made to meet and confer regarding the dispute. If no joint statement is filed at or before 5:00 p.m. on Friday, 10/19/12, the hearing set for 10/22/12 will be vacated; If the assigned district judge grants defendant's request to continue the hearing on plaintiff's preliminary injunction motion, [44-4] the parties shall meet and confer as soon as possible and then file a joint statement indicating whether and how any of the dates and/or deadlines set forth herein should be modified and/or vacated. The joint statement shall be filed within two days of any order granting the request for a continuance. (Becknal, R)
October 17, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/17/2012 ORDERING on or before October 31, 2012, the parties shall file a stipulation modifying the protective order issued in this action or plaintiff shall file an opposition to the motion for reconsideration and an explanation regarding why such opposition was not timely filed; If plaintiff elects to file an opposition to defendants motion for reconsideration, defendant shall file a reply thereto on or before November 7, 2012. (Waggoner, D)
October 17, 2012
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ORDER granting Defendant's Ex Parte Application Extending Time to Oppose Plaintiff's Motion for Preliminary Injunction and Continuing Hearing. (Deutsch, S)
October 23, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/23/12 ORDERING plaintiff entitled to depose Dr. Hyun Lee and Christopher Lopes on an expedited basis. Unless plaintiff elects to depose those individuals after defendant files its opposition, defendant shall make those individuals available for deposition sometime before 11/30/12. Each deposition shall last no longer than two hours, not including breaks. To the extent either of the witnesses is not present in the state of California, the parties nonetheless shall attempt to make the witness(es) available for a deposition via alternate means, such as by videoconference or teleconference. The parties shall meet and confer in order to schedule each of the depositions. (Meuleman, A)
November 2, 2012
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STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 11/1/2012. (Michel, G)
November 26, 2012
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STIPULATION and ORDER 74 signed by Chief Judge Morrison C. England, Jr on 11/21/2012 GRANTING Netlist leave to file a Memorandum in Opposition to Smart Modular's Motion for Preliminary Injunction of up to 25 pages excluding the cover page and tables of contents and authorities, and granting Smart Modular leave to file a Reply Memorandum of up to 15 pages excluding the cover page and tables of contents and authorities. (Krueger, M)
November 30, 2012
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ORDER signed by Chief Judge Morrison C. England, Jr. on 11/30/2012 GRANTING defendant Netlist's 75 Ex Parte Application for extension of time. Plaintiff's 22 Motion for Preliminary Injunction Hearing is CONTINUED to 12/20/2012 at 2:00 PM in Courtroom 7 (MCE). Netlist shall file its Opposition to Motion on 11/30/2012 and Smart Modular shall file Reply, if any, on 12/6/2012. (Marciel, M)
December 6, 2012
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ORDER ADOPTING N.D. CAL. LOCAL RULE 79-5(d) FOR THIS ACTION ONLY PURSUANT TO SECTION J(1) OF THE PARTIES' JOINT STATUS REPORT signed by Chief Judge Morrison C. England, Jr on 12/6/12. The Court hereby temporarily adopts Local Rule 79-5(d). Local Rule 79-5(d) provides: Filing a Document Designated Confidential by Another Party. If a party wishes to file a document that has been designated confidential by another party pursuant to a protective order, or if a party wishes to refer in a memorandum or other filing to information so designated by another party, the submitting party must file and serve an administrative motion for a sealing order and lodge the document, memorandum or other filing in accordance with this rule. If only a portion of the document, memorandum or other filing is sealable, the submitting party must also lodge with the Court a redacted version of the document, memorandum or other filing to be placed in the public record if the Court approves the requested sealing order. Within 7 days thereafter, the designating party must file with the Court and serve a declaration establishing that the designated information is sealable, and must lodge and serve a narrowly tailored proposed sealing order, or must withdraw the designation of confidentiality. If the designating party does not file its responsive declaration as required by this subsection, the document or proposed filing will be made part of the public record. This Order shall apply to the materials lodged in support of or in opposition to Plaintiff's motion for preliminary injunction. (Becknal, R)
December 6, 2012
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ORDER GRANTING NETLIST, INC.'S REQUEST TO SEAL DOCUMENTS RELATED TO NETLIST, INC.'S OPPOSITION TO SMART MODULAR TECHNOLOGIES, INC.'S MOTION FORPRELIMINARY INJUNCTION signed by Chief Judge Morrison C. England, Jr on 12/6/12. Defendant and Counterclaim Plaintiff Netlist, Inc.'s Request to Seal is GRANTED, and that the following materials shall be sealed pending further order of this court: Defendant and Counterclaim Plaintiff Netlist, Inc.'s Opposition to Smart Modular Technologies, Inc.'s Motion for Preliminary Injunction ("Opposition"). 84; Exhibits A through E, J, O, Q, and U to the Declaration of Sean Cunningham In Support of Netlist, Inc.'s Opposition to Smart Modular Technologies, Inc.'s Motion for Preliminary Injunction ("Cunningham Declaration"). (Exs. to 88); Declaration of Christopher Lopes in Support of Defendant and Counterclaim Plaintiff Netlist, Inc.'s Opposition to Smart Modular Technologies, Inc.'s Motion for Preliminary Injunction ("Lopes Declaration"). 86; Declaration of Dr. Chuck Hong in Support of Defendant and Counterclaim Plaintiff Netlist, Inc.'s Opposition to Smart Modular Technologies, Inc.'s Motion for Preliminary Injunction ("Hong Declaration")85. (Becknal, R)
December 6, 2012
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ORDER SEALING DOCKET NUMBER 90 signed by Chief Judge Morrison C. England, Jr on 12/6/12. Defendant and Counterclaim Plaintiff Netlist, Inc.'s Supplemental Request to Seal is GRANTED, and that the following materials shall be sealed pending further order of this court: Defendant and Counterclaim Plaintiff Netlist, Inc.'s Objections to Evidence Offered in Support of Plaintiff Smart Modular's Motion for Preliminary Injunction 90. (Becknal, R)
February 7, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/7/13 ORDERING that the pending Discovery Motions 115 and 116 are DENIED without prejudice and the 2/13/13 hearing is VACATED. (Mena-Sanchez, L)
February 26, 2013
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ORDER signed by Chief Judge Morrison C. England, Jr on 2/25/13 GRANTING 146 Request to Seal. (Manzer, C)
May 30, 2013
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ORDER signed by District Judge Troy L. Nunley on 5/30/2013 ORDERING that Plaintiff cannot meet its burden of showing a likelihood of success, and thus Plaintiff's 22 Motion for a Preliminary Injunction is hereby DENIED. Furthermore, the Court finds that the stage of litigation, the lack of undue prejudice to Plaintiff, and a likelihood that reexamination of the patent will simplify the issues in question and trial of this case weigh in favor of granting Defendant's Motion for Stay. Thus, Defendant's 107 Motion to Stay is hereby GRANTED. CASE STAYED. (Zignago, K.)
February 13, 2014
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RELATED CASE ORDER signed by District Judge Troy L. Nunley on 2/12/2014 RELATING this case to 2:13-cv-02613 JAM CKD; REASSINGING said case to Judge Troy L. Nunley and Magistrate Judge Edmund F. Brennan for all further proceedings; VACATING all dates set in the reassinged case; DIRECTING the Clerk of Court to make the appropriate adjustments regarding case assignment. (Michel, G)
February 19, 2014
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[DISREGARD - Duplicate of 160 Order] NOTICE OF RELATED CASE ORDER signed by District Judge Troy L. Nunley on 2/14/2014 ORDERING that cases 2:12-cv-02319-TLN-EFB and 2:13-cv-02613-JAM-CKD are RELATED. The action denominated 2:13-cv-02613-JAM-CKD is hereby REASSIGNED to District Judge Troy L. Nunley, and Magistrate Judge Edmund F. Brennan for all further proceedings. Any dates currently set in the reassigned case are hereby VACATED. (Zignago, K.) Modified on 2/19/2014 (Zignago, K.).
September 21, 2016
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ORDER signed by District Judge Troy L. Nunley on 9/20/16 GRANTING 165 Motion to Lift Stay. (Washington, S)
June 27, 2017
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ORDER signed by District Judge Troy L. Nunley on 6/26/2017 ORDERING 176 the Court finds the factors, on balance, weigh in favor of denying Defendant's Motion to Reinstitute Stay. The PTAB's decision regarding the '295 Patent will be beneficial to simplify the contested patent, however, Plaintiff is unduly prejudiced by the immense delay of the litigation. Thus, Defendant's Motion to Reinstitute Stay is hereby DENIED. (Reader, L)
July 14, 2017
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ORDER signed by District Judge Troy L. Nunley on 7/13/2017 GRANTING in PART and DENYING in PART 66 Motion to Dismiss, Motion to Strike and Motion for Partial Judgment on the Pleadings or in that alternative Partial Summary Judgment. Defendant's third and sixth counterclaims are DISMISSED WITHOUT PREJUDICE; Plaintiff's motion to strike Defendant's fifth and sixth affirmative defenses is DENIED; Defendant's second counterclaim is DISMISSED WITHOUT PREJUDICE; Defendant's second affirmative defense is STRICKEN; Defendant's fourth affirmative defense is STRICKEN; Defendant's general reservation of defenses is STRICKEN; Defendant's fifth counterclaim is DISMISSED WITH PREJUDICE. Plaintiff shall file an amended countercomplaint within thirty (30) days of entry of this order. (Washington, S)
October 12, 2017
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ORDER signed by District Judge Troy L. Nunley on 10/10/17 GRANTING Netlist's 188 Motion for Leave to File Amended Stricken Affirmative Defenses.(Becknal, R)
October 20, 2017
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ORDER signed by District Judge Troy L. Nunley on 10/20/2017 GRANTING the parties' Stipulation for Filing of the Amended Complaint (ECF No. 201). (Krueger, M)
March 28, 2018
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STIPULATION and ORDER signed by District Judge Troy L. Nunley on 3/27/2018 ORDERING case STAYED pending the final outcome of Smart Modular's appeal to the Federal Circuit. CASE STAYED. (Zignago, K.)