Champion Laboratories, Inc. v. Parker-Hannifin Corp et al

Filing 53

ORDER Continuing 49 MOTION to DISMISS Hearing currently set for 10/24/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Initial Scheduling Conference set for 10/21/2011 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, signed by Judge Oliver W. Wanger on 8/12/2011. (Kusamura, W)

1 MARK D. MILLER (California Bar No. 116349) (mmiller@ sierraiplaw.com)
MARCUS N. DiBUDUO (California Bar No. 258684) (mdibuduo@ sierraiplaw.com)
2 SIERRA IP LAW, PC
A Professional Corporation
3 6780 N. West Avenue, Suite 102
Fresno, California 93711
4 Telephone: [phone]
Facsimile: [phone]
5
BRIAN W. LEWIS (Illinois Bar No. 6190792)
6 PAUL OLSZOWKA (Illinois Bar No. 6291267)
MARK NAHNSEN (Illinois Bar No. 6271361)
7 BARNES & THORNBURG LLP
One North Wacker Drive, Suite 4400
8 Chicago, Illinois 60606-2833
Telephone: [phone]
9 Facsimile: [phone]
10 Attorneys for Plaintiff
CHAMPION LABORATORIES, INC.
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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* * *
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CHAMPION LABORATORIES, INC., a
15 Delaware Corporation,
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)
)
)
Plaintiff,
)
)
v.
)
)
PARKER-HANNIFIN CORPORATION, )
including its Racor Division, and PARKER )
INTANGIBLES, LLC,
)
)
Defendants.
)
)

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Case No. 1:10-cv-02371 OWW DLB
JOINT MOTION TO (1) ADJOURN
HEARING ON MOTION TO DISMISS
AND (2) THE DATE OF SCHEDULING
CONFERENCE AND ORDER
THEREON

WHEREAS, on July 18, 2011, Plaintiff CHAMPION LABORATORIES, INC.

23 (“Champion”) and Defendants PARKER-HANNIFIN CORPORATION, and PARKER
24 INTANGIBLES, LLC (collectively “Parker”) conducted a mediation of another action between
25 the parties pending in the Court of Appeal for the Federal Circuit;
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WHEREAS, as part of that settlement, the Champion and Parker have also

27 tentatively resolved this action;
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LAW OFFICES

Sierra IP Law, PC
A PROFESSIONAL CORPORATION
6780 N. WEST AVE., STE. 102
FRESNO, CA 93711

JOINT MOTION TO (1) ADJOURN HEARING ON MOTION TO DISMISS AND (2) THE DATE OF SCHEDULING CONFERENCE
AND ORDER THEREON

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WHEREAS, Champion and Parker are presently finalizing the settlement and

2 anticipate completing the agreement no later than September 12, 2011, and in that event shall file
3 a joint motion to dismiss this action;
WHEREAS, a hearing on Parker’s Motion to Dismiss is currently scheduled for

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5 August 22, 2011 and a Scheduling Conference is set for August 25, 2011;
WHEREAS, Champion’s Opposition to Parker’s Motion is currently due on

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7 August 8, 2011 and Parker’s Reply is due on August 15, 2011; and
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WHEREAS, Champion and Parker have agreed to extend these dates in the event

9 that the parties are unable to reach a final settlement; and
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WHEREAS, Champion and Parker request that the August 22, 2011 Hearing and

11 August 25, 2011 Scheduling Conference be continued to a later date.
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NOW, THEREFORE, IT IS HEREBY STIPULATED, CONSENTED, AND

13 AGREED TO by and between the parties through their respective counsel, as follows:
(1) that the time for Champion to file its opposition to Parker’s motion to dismiss

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shall be extended until and including September 30, 2011; and
(2) That the time for Parker to file a reply to Champion’s opposition shall be

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extended until and including October 14, 2011.

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(3) IT IS FURTHER STIPULATED, CONSENTED, AND AGREED TO by and

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between the parties, that with the Court’s permission, the Motion to Dismiss

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shall be rescheduled until October 21, 2011 or as soon as it may be heard

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thereafter by the Court and that the Scheduling Conference shall be

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rescheduled to October 24, 2011 or as soon thereafter as it may be conducted

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by the Court.

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LAW OFFICES

Sierra IP Law, PC
A PROFESSIONAL CORPORATION
6780 N. WEST AVE., STE. 102
FRESNO, CA 93711

JOINT MOTION TO (1) ADJOURN HEARING ON MOTION TO DISMISS AND (2) THE DATE OF SCHEDULING CONFERENCE
AND ORDER THEREON

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1 DATED: August 4, 2011

Respectfully submitted,

2 SIERRA IP LAW, PC
Mark D. Miller
3 Marcus N. DiBuduo

BARNES & THORNBURG LLP
Brian W. Lewis
Paul Olszowka
Mark Nahnsen

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By:

/s/
Paul Olszowka

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Attorneys for Plaintiff,
CHAMPION LABORATORIES, INC.

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Attorneys for Defendants
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- and 9
CONNOLLY BOVE LODGE & HUTZ LLP
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/s/ Francis DiGiovanni
Francis DiGiovanni (Pro Hac Vice)
Attorneys for Defendants
Parker-Hannifin Corporation and
Parker Intangibles LLC

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16 IT IS SO ORDERED.
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Dated:

August 12, 2011

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE
DEAC_Sig nature-END:

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LAW OFFICES

Sierra IP Law, PC
A PROFESSIONAL CORPORATION
6780 N. WEST AVE., STE. 102
FRESNO, CA 93711

JOINT MOTION TO (1) ADJOURN HEARING ON MOTION TO DISMISS AND (2) THE DATE OF SCHEDULING CONFERENCE
AND ORDER THEREON

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