Free Motion to Continue - District Court of California - California

Case 3:07-cv-02277-BTM-RBB

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Filed 02/22/2008

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DLA P IPER US LLP
EAST PALO ALTO

ALAN A. LIMBACH (Bar No. 173059) [email protected] M. ELIZABETH DAY (Bar No. 177125) [email protected] GREGORY J. LUNDELL (Bar No. 234941) [email protected] DLA PIPER US LLP 2000 University Avenue East Palo Alto, CA 94303-2214 Tel: 650.833.2000 Fax: 650.833.2001 Attorneys for Defendant and Counterclaimant ESSEPLAST USA (NC) INC. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, Plaintiff and Counter Defendant, v. ESSEPLAST USA (NC) INC., a Delaware corporation, and DOES 1-10, Defendants and Counterclaimant. Date: TBD Time: TBD Magistrate Judge: Ruben B. Brooks Room 1185 NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT Case No. 07-cv-2277 BTM (RBB) DECLARATION OF M. ELIZABETH DAY IN SUPPORT OF ESSEPLAST'S EX PARTE APPLICATION TO CONTINUE EARLY NEUTRAL EVALUATION CONFERENCE

I, M. Elizabeth Day, do hereby declare as follows: 1. I am an attorney with the law firm of DLA Piper US LLP, attorneys of record for

Esseplast USA (NC) INC. ("Esseplast"). I am licensed to practice law in the state of California. The matters contained in this declaration are of my personal knowledge and, if called as a witness, I could and would testify competently to the matters set forth herein. 2. On February 12, 2008, the Court issued a Notice and Order setting the Early

Neutral Evaluation conference on March 7, 2008. /// /// -1PA\10538901.1

DAY DECLARATION IN SUPPORT OF ESSEPLAST'S EX PARTE APPLICATION TO CONTINUE EARLY NEUTRAL EVALUATION, CASE NO. 07-CV-2277 BTM (RBB)

Case 3:07-cv-02277-BTM-RBB

Document 23-2

Filed 02/22/2008

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DLA P IPER US LLP
EAST PALO ALTO

3.

On January 28, 2008, Esseplast filed a motion to stay this case until the United

States Patent and Trademark Office completes its reexamination of United States Patent No. 4,935,184 ("the '184 patent"). 4. Plaintiff filed its opposition to the motion to stay on February 21, 2008, and

Esseplast's reply is due on March 7, 2008. 5. On February 19, 2008, I contacted counsel for Plaintiff, Melody Kramer, via

electronic mail regarding Esseplast's request that the ENE conference be continued. I informed Ms. Kramer that if Plaintiff did not stipulate to a continuance, Esseplast would file an ex parte application. Later that day, I received an electronic response from Ms. Kramer stating that Plaintiff would not agree to postpone the ENE conference.

I declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing is true and correct. Executed this 22 day of February, 2008, at East Palo Alto, California.

/s/ M. Elizabeth Day M. ELIZABETH DAY

-2PA\10538901.1

DAY DECLARATION IN SUPPORT OF ESSEPLAST'S EX PARTE APPLICATION TO CONTINUE EARLY NEUTRAL EVALUATION, CASE NO. 07-CV-2277 BTM (RBB)