Case 5:20-cv-05676-EJD Document 57 Filed 01/11/21 Page 1 of 4
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`IRELL & MANELLA LLP
`Morgan Chu (70446)
`MChu@irell.com
`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
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`Attorneys for Defendant
`DEMARAY LLC
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`APPLIED MATERIALS, INC.,
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`CASE NO. 5:20-cv-05676-EJD
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`Plaintiff,
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`vs.
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`DEMARAY LLC,
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`Defendant.
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`DEMARAY UPDATE TO THE JOINT
`CASE MANAGEMENT STATEMENT
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`UPDATED CASE MANAGEMENT
`STATEMENT (Case No. 5:20-cv-05676-EJD)
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`Case 5:20-cv-05676-EJD Document 57 Filed 01/11/21 Page 2 of 4
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`Defendant Demaray LLC (“Demaray”) submits this update to the Joint Case Management
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`Statement pursuant to the Court’s December 2, 2020 Order. Applied Materials, Inc. v. Demaray
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`LLC, Case No. 5:20-cv-05676-EJD, Dkt. No. 41. Demaray incorporates by reference the prior
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`Joint Case Management Statement (Dkt. No. 40) and provides the update below.
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`1. Updates To The Procedural Posture
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`Since the Court’s Order continuing the previously scheduled case management
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`conference, on December 16, 2020, the Court denied Applied’s Motion for Preliminary
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`Injunction, finding that Applied failed to allege an actual controversy to support subject matter
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`jurisdiction under the Declaratory Judgment Act. See Dkt. No. 46. Demaray’s motion to dismiss
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`the operative complaint in this case remains pending. See Dkt. Nos. 39, 42, 43. Demaray’s motion
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`to dismiss is scheduled for hearing on March 4, 2021. Id.
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`On December 24, 2020, Applied filed a new civil action in the Northern District of
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`California based upon the same causes of action. See Applied Materials, Inc. v. Demaray LLC,
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`Case No. 4:20-cv-09341-EJD, Dkt. No. 1. On December 24, Applied also filed an improper
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`administrative request to lodge its new declaratory judgment complaint in this case, requesting
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`“(1) leave to lodge the concurrently filed declaratory judgment complaint, (2) that the Court
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`permit the new complaint to become the operative complaint in this action, and (3) that the Court
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`deny as moot Demaray’s pending motion to dismiss.” See Dkt. 53, at 2. On January 6, 2021, the
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`Court denied Applied’s improper administrative motion in its entirety, stating that Applied
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`“chose…to improperly make its request in the form of an administrative motion for leave to
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`lodge. Because Federal Rule of Civil Procedure Rule 15(a)(1)(2) appropriately governs, the Court
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`must deny Applied’s request for leave to lodge its new declaratory judgment complaint as well as
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`its request for the new declaratory judgment complaint to become the operative complaint in this
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`action. The Court also denies Applied’s request that Demaray’s pending motion to dismiss be
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`denied as moot.” Id. at 3.
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`On December 28, 2020, Applied filed an administrative motion to consider whether its
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`new case should be related. Dkt. No. 52. Demaray agrees that this Court should address the new
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`case given its familiarity with the issues and thus did not oppose. On January 6, the Court issued
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`- 1 -
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`UPDATED CASE MANAGEMENT
`STATEMENT (Case No. 5:20-cv-05676-EJD)
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`Case 5:20-cv-05676-EJD Document 57 Filed 01/11/21 Page 3 of 4
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`an Amended Related Case Order in this matter, stating “[a]ny case management conference in
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`any reassigned case will be rescheduled by the Court.” Dkt. No. 54. The Court has not yet
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`rescheduled the case management conference in the newly reassigned case.
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`In addition, the parties have agreed that Demaray will have until January 26, 2021, to
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`respond to the new complaint and Applied has committed to ensuring that duplicative claims are
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`not present between the two cases by the time of Demaray’s response.
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`2. How the Cases Should Proceed
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`On January 6, 2021, the Court denied “Applied’s request that Demaray’s pending motion
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`to dismiss be denied as moot.” Dkt. 53, at 3. Demaray believes that the Court should continue to
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`stay discovery in this matter until it rules on Demaray’s pending motion to dismiss.
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`3. Applied’s Contravention Of The Court’s Order On Applied’s Improper Motion To
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`Lodge Its New Complaint In This Case
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`The only issues remaining in this case are Demaray’s motion to dismiss and the Court’s
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`ruling thereon. In preparing an update of the case management issues for the Court, Applied
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`insisted on raising issues properly addressed to the case involving its new declaratory judgment
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`complaint, Case No. 4:20-cv-09341-EJD, and thus Demaray could not join Applied’s filing. In
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`trying to conflate the cases, Applied ignores the Court’s unambiguous order denying Applied’s
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`“request for the new declaratory judgment complaint to become the operative complaint in this
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`action.” Dkt. No. 53, at 3. Instead of following the Court’s guidance, Applied again seeks by
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`improper means, this time via the Court’s simple request for an update to the case management
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`statement, to have the Court make Applied’s new declaratory judgment complaint the operative
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`complaint in this action. As noted in the Court’s order denying Applied’s prior request, the proper
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`mechanism to raise such a request is “as a properly noticed motion under Federal Rule of Civil
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`Procedure Rule 15(a)(1)(2).” Applied still has not done so and the Court should again reject
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`Applied’s attempts to circumvent the Federal Rules and orders of this Court.
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`UPDATED CASE MANAGEMENT
`STATEMENT (Case No. 5:20-cv-05676-EJD)
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`Case 5:20-cv-05676-EJD Document 57 Filed 01/11/21 Page 4 of 4
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`Dated: January 11, 2021
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`Respectfully submitted,
`IRELL & MANELLA LLP
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`By: /s/ C. Maclain Wells
`C. Maclain Wells
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`Attorneys for Defendant
`DEMARAY LLC
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`UPDATED CASE MANAGEMENT
`STATEMENT (Case No. 5:20-cv-05676-EJD)
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