Eakin Enterprises Inc v. Specialty Sales LLC

Filing 52

STIPULATION and ORDER regarding Disclosures and Discovery related to Unfair Competition Claims, signed by Magistrate Judge Sheila K. Oberto on 6/13/2012. (Kusamura, W)

1 REX B. STRATTON, WSBA No. 1913
STRATTON LAW & MEDIATION P.S.
2 18826 Robinwood Road SW
P.O. Box 636
3 Vashon, Washington 98070
Telephone: [phone]
4 Facsimile: 206-260-3816
(Pro Hac Vice)
5
Attorneys for Plaintiff and Counter-Defendants
6 EAKIN ENTERPRISES, INC.
JOHN W. EAKIN
7
MARK D. MILLER, Ca. Bar No. 116349
8 MARCUS N. DiBUDUO, Ca. Bar No. 258684
SIERRA IP LAW PC
9 6780 N. West Avenue, Suite 102
Fresno, CA 93711
10 Telephone: [phone]
Facsimile: 559-436-4800
11
Attorneys for Defendant
12 SPECIALTY SALES LLC
13

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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* * *

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Eakin Enterprises, Inc., a Washington
16 Corporation
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Plaintiff,
v.

Case No. 1:11-cv-02008-LJO-SKO
STIPULATION AND ORDER REGARDING
DISCLOSURES AND DISCOVERY
RELATED TO UNFAIR COMPETITION
CLAIMS

19 Specialty Sales, LLC, a California limited
liability company
20
Defendant.
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Specialty Sales, LLC, a California limited
22 liability company
23
24

Counter-Plaintiff,
v.

25 Eakin Enterprises, Inc., a Washington
corporation, and John W. Eakin, an
26 individual
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Counter-Defendants.

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STIPULATION AND ORDER REGARDING DISCLOSURES AND DISCOVERY
RELATED TO UNFAIR COMPETITION CLAIMS

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Plaintiff and Counterdefendant Eakin Enterprises, Inc., Counterdefendant John W. Eakin

2 (collectively, “Counterdefendants”), and Defendant and Counterclaimant Specialty Sales, LLC
3 (“Defendant”), through their respective counsel, hereby stipulate as follows:
4

WHEREAS, the April 11, 2012 Scheduling Order in this case (ECF Docket No. 37) calls

5 for the parties to exchange initial disclosures related to unfair competition by June 25, 2012; and
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WHEREAS the Scheduling Order includes a schedule for claims construction

7 culminating in a Markman claims construction hearing currently set for November 7, 2012; and
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WHEREAS no trial date or general discovery cutoff date has yet been set; and

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WHEREAS the parties desire to focus their efforts on the patent-related issues in the case

10 prior to the Markman claims construction hearing, and delay disclosures and discovery related to
11 the unfair competition issues in the case until after the Markman hearing.
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NOW THEREFORE, the parties, through their respective counsel, hereby stipulate and

13 agree as follows:
14

1.

That the June 25, 2012 deadline for initial disclosures related to the unfair

15 competition claims in this case be continued until thirty (30) days following a ruling by the court
16 on issues presented at the Markman claims construction hearing; and
17

2.

That all discovery related to the unfair competition claims in this case be

18 suspended until thirty (30) days following a ruling by the court on issues presented at the
19 Markman claims construction hearing.
20 Dated: June 12, 2012
21

STRATTON LAW & MEDIATION P.S.
By /Rex B. Stratton
Rex B. Stratton
Attorneys for Plaintiff/Counter-Defendants
Eakin Enterprises, Inc. and John W. Eakin

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Dated: June 13, 2012

SIERRA IP LAW, PC
By /s/ Mark D. Miller
Mark D. Miller
Attorneys for Defendant/Counter-Plaintiff
SPECIALTY SALES LLC

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STIPULATION AND ORDER REGARDING DISCLOSURES AND DISCOVERY
RELATED TO UNFAIR COMPETITION CLAIMS

1

ORDER

2

Based on the Stipulation of Counsel and good cause being demonstrated through the

3 accompanying declaration of plaintiff’s counsel,
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IT IS HEREBY ORDERED:

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1.

That the June 25, 2012, deadline for initial disclosures related to the unfair

6 competition claims in this case be continued until thirty (30) days following a ruling by the court
7 on issues presented at the Markman claims construction hearing; and
8

2.

That all discovery related to the unfair competition claims in this case be

9 suspended until thirty (30) days following a ruling by the court on issues presented at the
10 Markman claims construction hearing.
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15 IT IS SO ORDERED.
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Dated:

June 13, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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STIPULATION AND ORDER REGARDING DISCLOSURES AND DISCOVERY
RELATED TO UNFAIR COMPETITION CLAIMS