`2:15-CV-10814-AC-RSW DOC # 9 Filed 04/24/15 Pg 1 0f 3
`Pg ID 253
`
`UNITED STATES DISTRICT COURT
`
`EASTERN DISTRICT OF MICHIGAN
`
`SOUTHERN DIVISION — DETROIT
`
`HEWLETT-PACKARD CO.,
`
`Plaintiff,
`
`) Civil Action No. 2: 1 5-cv-1 08 l4-AC-RSW
`)
`) Honorable Avem Cohn
`)
`
`CHRIMARSYSTEMSINC.
`
`d/b/a CMS TECHNOLOGIES,
`
`)
`
`)
`)
`
`USCLERKS
`
`APR2’I2015 AND
`
`OFFICE
`
`STIPULATED ORDER TEMPORARILY STAYING CASE
`
`The Court takes judicial notice of the pendency of Civil Action No. 4:13-cv-01300-JSW
`
`in the Northern District of California (“California Action”), a patent infringement action in
`
`which all parties in this case are also parties, which has been pending since 2011 and involves
`
`assertion of a patent that is related to the patents-in-suit in this action. The Court has further
`
`been advised by the parties that resolution of the California Action is likely to assist the parties in
`
`resolving this case, thereby potentially conserving judicial and party resources. Further, this
`
`Court has already issued a Stay in Civil Action No. 2: 14-cv-1 0292—AC-RSW involving the same
`
`parties. The present Stipulation is consistent with the Stay in that Civil Action. Accordingly,
`
`upon the below stipulation of the parties, IT IS HEREBY ORDERED that:
`
`1.
`
`2.
`
`This case is Stayed until further order of the Court.
`
`Defendant's Response (by way of Motion, Answer or otherwise to plead) to the
`
`Complaint is hereby deferred until further order of the Court after the stay is lifted.
`
`3.
`
`During the Stay, any party may petition the Court for a status conference to
`
`discuss lifting the Stay or to set a briefing schedule regarding any request to lift the Stay.
`
`CH RI MAR 2002
`
`|PR2018-00033
`
`CHRIMAR 2002
`IPR2018-00033
`
`
`
`2:15-cv-10814-AC-RSW Doc # 9 Filed 04/24/15 Pg 2 of 3 Pg ID 254
`2:15-CV-10814-AC-RSW DOC # 9 Filed 04/24/15 Pg 2 0f 3
`Pg ID 254
`
`4.
`
`The parties shall jointly keep the Court informed as to events in the California
`
`Action impacting the Stay in this case including through joint filings to be submitted to the Court
`
`no less frequently than every ninety (90) days and at the same time that it informs the Court
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`pursuant to the Stay Order entered in Civil Action No. 2:14-cv-10292-AC—RSW. Furthermore,
`
`and to the extent it is not lifted earlier, unless the parties specifically agree or this Court orders
`
`otherwise, the Stay will be lifted when a decision, order or judgment from which an appeal lies is
`
`given in the California Action, at the time at which an immediate right to appeal exists.
`
`5.
`
`Neither the below stipulation, the entry of this order, nor the Stay themselves,
`
`individually or collectively, may be used against Plaintiff in any way, including but not limited
`
`to in support of an argument that the Court does not have Declaratory Judgment jurisdiction over
`
`this case or in support of any request to transfer this action to any other court.
`
`6.
`
`Neither the below stipulation, the entry of this order, nor the Stay themselves,
`
`individually or collectively, may be used against Defendant in any way, including but not limited
`
`to in support of any argument that the Court has Declaratory Judgment jurisdiction over this
`
`case, or in support of or in opposition to any request to transfer this action to any other court;
`
`and the stipulation, the entry of this order and the Stay shall not themselves, individually or
`
`collectively, constitute an acknowledgment by Defendant
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`that
`
`the Court has Declaratory
`
`Judgment jurisdiction over this case or that venue is appropriate in the Eastern District of
`
`Michigan.
`
`SO ORDERED.
`
`Dated: ”EN [(3/
`
`Leah
`
`HONORABLE AVERN COHN
`
`UNITED STATES DISTRICT COURT JUDGE
`
`CH RI MAR 2002
`
`|PR2018-00033
`
`CHRIMAR 2002
`IPR2018-00033
`
`
`
`2:15-cv-10814-AC-RSW Doc # 9 Filed 04/24/15 Pg 3 of 3 Pg ID 255
`2:15-CV-10814-AC-RSW DOC # 9 Filed 04/24/15 Pg 3 0f 3
`Pg ID 255
`
`S0 STIPULATED:
`
`Dated: April 23, 2015
`
`By: /s/ Fred K. Herrmann
`FRED K. HERRMANN (P49519)
`ANNA VALK (P77578)
`Kerr, Russell And Weber, PLC
`500 Woodward Avenue, Suite 2500
`Detroit, Michigan 48226
`Telephone:
`313.961.0200
`Facsimile:
`313.961.0388
`E-mail:
`fherrmann@kerr—russell.com
`
`By: /s/Richard W. Hofiann
`RICHARD W. HOFFMANN (P42352)
`Reising Ethington PC
`755 W. Big Beaver Road, Suite 1850
`Troy, Michigan 48084
`Telephone:
`248.689.3500
`Facsimile:
`248.689.4071
`E-mail:
`hoffmann@reising.com
`
`Attorneysfor PlaintiflHewlett-Packard Co.
`
`Attorneys for Defendant ChriMar Systems, Inc.
`d/b/a CMS Technologies
`
`CH RI MAR 2002
`
`|PR2018-00033
`
`CHRIMAR 2002
`IPR2018-00033
`
`
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