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`Case 5:20-cv-05676-EJD Document 18-1 Filed 09/11/20 Page 1 of 2
`
`
`
`IRELL & MANELLA LLP
`Benjamin W. Hattenbach (186455)
`BHattenbach@irell.com
`C. Maclain Wells (221609)
`MWells@irell.com
`1800 Avenue of the Stars, Suite 900
`Los Angeles, California 90067-4276
`Telephone: (310) 277-1010
`Facsimile:
`(310) 203-7199
`
`Attorneys for Defendant
`DEMARAY LLC
`
`APPLIED MATERIALS, INC.,
`
`
`Plaintiff,
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Case No. 5:20-cv-05676-EJD
`
`DECLARATION OF C. MACLAIN
`WELLS IN SUPPORT OF DEMARAY
`LLC’S UNOPPOSED MOTION FOR
`EXTENSION OF TIME TO RESPOND TO
`APPLIED MATERIALS’ MOTION FOR
`PRELIMINARY INJUNCTION
`
`
`
`
`DEMARAY LLC,
`
`
`vs.
`
`Defendant.
`
`
`
`
`DECLARATION OF C. MACLAIN WELLS
`I, C. Maclain Wells, the undersigned, declare as follows:
`1.
`I am counsel at the law firm of Irell & Manella LLP, counsel for Defendant
`Demaray LLC (“Demaray”). I am a member in good standing of the State Bar of California and
`have been duly licensed to practice law before all of the courts of the State of California. I submit
`this declaration in support of Demaray’s Unopposed Motion for Extension of Time to Respond to
`Plaintiff Applied Materials, Inc.’s (“Applied Materials”) Motion for Preliminary Injunction. I
`have personal knowledge of the matters set forth in this declaration and, if called as a witness,
`could testify to its contents.
`2.
`Applied Materials filed its First Amended Complaint on September 1, 2020. It
`
`10876485
`
`
`
`
`WELLS DECLARATION IN SUPPORT OF UNOPPOSED
`MOTION FOR EXTENSION OF TIME
`
`
`
`Case 5:20-cv-05676-EJD Document 18-1 Filed 09/11/20 Page 2 of 2
`
`filed its Motion for Preliminary Injunction on September 4, 2020 and provided an email copy of
`its motion and supporting papers to counsel for Demaray that evening requesting agreement to
`email service. Given the receipt of the motion on Friday evening before a holiday weekend, I
`responded to agreeing to accept service on Wednesday, September 9.
`3.
`Demaray has just fourteen days to prepare its opposition. Given the timing of
`Applied Materials’ motion, the intervening holiday, the location of the individuals involved and
`the issues raised by Applied Materials’ First Amended Complaint and motion, Demaray would be
`prejudiced by being required to marshal information required to fully respond in this short time
`frame. In particular, certain of the individuals identified in the motion are located abroad and
`materials relating to the allegations in the First Amended Complaint and in Applied Material’s
`motion are still being located.
`4.
`There have been no other extensions of time in this matter. Applied Materials’
`motion is noticed for hearing on November 12, 2020. The requested extension will not impact the
`hearing date. Id.
`5.
`The parties have met and conferred and have agreed to an extension of time for
`Demaray to file its opposition to September 25.
`
`Executed on September 11, 2020, in Sebastopol, California. I declare under penalty of
`perjury that the foregoing is true and correct.
`
`
`
`
`
`
`
`
`
`
`/s/ C. Maclain Wells
`By:
`C. Maclain Wells (CA #221609)
`
`
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`10876485
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`- 2 -
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`WELLS DECLARATION IN SUPPORT OF UNOPPOSED
`MOTION FOR EXTENSION OF TIME
`
`
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