e.Digital v. Sandisk CONTINUANCE OF ENE 1/2/2014

JOINT EX PARTE MOTION FOR

CONTINUANCE OF EARLY

NEUTRAL EVALUATION

Docket:

https://drive.google.com/file/d/0Bx9NLDCScshnVEI3YzZSdGdoaVE/edit?usp=sharing

Document 61:

https://drive.google.com/file/d/0Bx9NLDCScshnaHEwdlljZDJTVDA/edit?usp=sharing

Defendant/counterclaimant SanDisk Corporation (“SanDisk”) and Plaintiff/counterdefendant e.Digital Corporation (“e.Digital”) by and through their undersigned counsel, hereby jointly move the Court for a continuance of the Early Neutral Evaluation presently scheduled for January 10, 2014 at 9:30 a.m. to either February 21, 2014 at 2:00 p.m. or February 26, 2014 at 2:00 p.m. SanDisk prefers February 21, 2014 at 2:00 p.m. for the continued Early Neutral Evaluation if available.

This request is made to allow for SanDisk’s lead counsel Gregory L. Lippetz to participate in the Early Neutral Evaluation. Mr. Lippetz is the SanDisk outside counsel responsible for the negotiation of any settlement between SanDisk and e.Digital, and he has an unavoidable business conflict with the current January 10, 2014 date requiring that he be out of state for another legal matter he is handling.

This ex parte application is based on this request, the Court’s records in this action, and any other material that may properly come before the Court. SanDisk has provided notice to opposing counsel pursuant to Civil Local Rule 83.3(h).

e.Digital counsel Pamela C. Chalk responded by email to confirm consent to this joint motion.

Dated: January 2, 2014 Respectfully submitted,

HANDAL & ASSOCIATES

By: /s/ Pamela C. Chalk

Pamela C. Chalk

Attorneys for Plaintiff/Counterdefendant

E.DIGITAL CORPORATION

JONES DAY

By: /s/ Randall E. Kay Randall E. Kay

Attorneys for Defendant/Counterclaimant

SANDISK CORPORATION

My notes: it looks as if another settlement is in the works... just my opinion.