“(1) the parties need additional time to meet and confer regarding potential settlement, the joint discovery plan, and their ENE statements;

(2) Defendant’s pending motion to transfer venue to the Northern District of California, if granted, would cause the ENE to be taken off calendar;
and

(3) Plaintiff’s client representative and counsel will be unavailable on October 6,
2014 due to a hearing on an unrelated matter in Washington, D.C.

The Courtfinds that the first two reasons proffered by the parties do not establish good cause to continue the ENE. First, the parties have failed to explain why additional time is needed to meet and confer or to prepare the joint discovery plan or ENE statements.

Second, the pendency of Defendant’s motion to transfer venue is insufficient.
Even if that motion remains pendingat the time of the scheduled ENE, the Court would conduct the ENE.”

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The court did not comment on defendants input of item 3.

From my prospective, in a nut shell, defendants are very much aware of e.Digitals appeal issues...including recent court dates relating to the appeal that have nothing to do with their NUNCHI civil case.

IMO, because defendant proposed the motion to include details of e.Digitals circumstances item 3...part of defendants objective was to initiate a degree of interference with regard to item 3. It somewhat looks like a Freudian slip of some sort.

With that, RE: courts comment…Even if that motion remains pendingat the time of the scheduled ENE, the Court would conduct the ENE.”

That comment of the court suggests to me the defendants motion was a last minute effort based on item 3.

IMHO...Many companies are watching the appeal with great interest.... especially if they are dealing with e.Digital directly.

All I can say, GOOD LUCK e.Digital / Handal on the appeal issues.

Thank you sman.

doni