Bylin Heating Systems, Inc. v. Thermal Technologies, Inc.

Filing 8

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/22/11 ORDERING this case STAYED for 90 days from the filed date of this order. CASE STAYED. (Donati, J)

1
2
3
4
5

LOCKE LORD BISSELL & LIDDELL LLP
M. Taylor Florence (SBN 159695)
Krista J. Dunzweiler (SBN 227384)
500 Capitol Mall, Suite 1800
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]

6
7
8

Attorneys for Defendant
THERMAL TECHNOLOGIES, INC.,
a Utah corporation

9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11

SACRAMENTO DIVISION

500 Capitol Mall, Suite 1800
Sacramento, CA 95814

Locke Lord Bissell & Liddell LLP

12
13

BYLIN HEATING SYSTEMS, INC., a
California corporation, doing business as
BYLIN ENGINEERED SYSTEMS,

14
15

Case No. 2:11-cv-01402-KJM-KJN
STIPULATION AND ORDER TO STAY
CASE

Plaintiff,
vs.

16
17

THERMAL TECHNOLOGIES, INC., a Utah
corporation; and DOES 1 through 10, inclusive.

18
19
20
21
22
23
24
25
26
27
28

First Amended Complaint filed June 29, 2011

Defendant.
PLEASE BE ON NOTICE THAT all Parties in this action have determined and agreed to
engage in settlement discussions to reach a negotiated resolution of all maters in dispute in this
proceeding. While counsel have considered participating in the Court’s Voluntary Dispute
Resolution Program, the Parties are optimistic that through direct settlement discussions, they can
reach a negotiated resolution of all maters in dispute in this action.
THE PARTIES REQUEST AN ORDER, and hereby stipulate, that:
1.

The Parties have ninety (90) days from the date of the entry of this Order to reach a

negotiated resolution of all claims in this action.
2.

The above action is hereby stayed to allow for informal settlement discussions and, if

necessary, a private mediation of the dispute in an effort to reach a negotiated resolution between the
1
STIPULATION AND ORDER TO STAY CASE

1

parties. Plaintiff and Defendant hereby jointly request that this Court enter an order staying this

2

action for ninety (90) days from the date of the entry of this Order.

3

3.

The Parties shall not pursue litigation of this action or any claims raised in Plaintiff’s

4

Complaint and/or Plaintiff’s First Amended Complaint during the ninety (90) days period of stay,

5

which involves activities or procedures in which another Party is entitled or required to participate,

6

including discovery.

7

4.

The parties engage in their Rule 26 conference no later than fourteen (14) days after

8

the expiration of the ninety-day stay, which stay will become effective from the date of the entry of

9

this Order.

10
11

500 Capitol Mall, Suite 1800
Sacramento, CA 95814

Locke Lord Bissell & Liddell LLP

12

5.

The Parties shall file a Joint Status Report and Discovery Plan no later than fourteen

(14) days after the Rule 26 conference.
6.

The Status Pretrial Scheduling Conference scheduled for November 2, 2011, at

13

10:00 a.m., be continued to at least thirty (30) days after the expiration of the ninety-day stay, which

14

stay will become effective from the date of the entry of this Order, to allow the Parties sufficient

15

time to engage in their Rule 26 conference and to file the Joint Status Report and Discovery Plan as

16

stated above.

17

7.

The termination date of this stay shall be the date that any party to this stipulation

18

provides written notice to the other parties and the court that the agreement to defer further litigation

19

of this action is terminated. Such notice may be given without cause. The parties shall then have 30

20

days from the termination date of the stay in which to object or otherwise respond to all discovery

21

and/or pleadings pending on the date this stipulation for stay was approved and ordered by the court.

22

8.

No failure to undertake any act including, without limitation, the filing of a pleading

23

or any response thereto and the commencement of discovery or any response thereto, during the

24

period of stay will be construed as a waiver by any party hereto against any other party hereto. No

25

party will assert that such failure to act gives rise to any time-based defense or claim including the

26

applicable statute of limitations or laches or demonstrates a lack of promptness or diligence on the

27

part of any party.

28
2
STIPULATION AND ORDER TO STAY CASE

1
2

9.

By agreeing to stay this action, Plaintiff and Defendant do not intend to waive any

substantive claims or defenses available to them in this action.

3

10.

This stipulation may be executed in counterparts.

4
5
6

Dated: ___8/11/11____________

LOCKE LORD BISSELL & LIDDELL LLP

7
By:/s/ Krista J. Dunzweiler
M. Taylor Florence
Krista J. Dunzweiler

8
9

Attorneys for Defendant
THERMAL TECHNOLOGIES, INC.,
a Utah corporation

10
11

500 Capitol Mall, Suite 1800
Sacramento, CA 95814

Locke Lord Bissell & Liddell LLP

12
13
14

Dated: _8/10/11______________

15

STERN, VAN VLECK & MCCARRON LLP
By: /s/ John C. McCarron
John C. McCarron

16

Attorneys for Plaintiff
BYLIN HEATING SYSTEMS, INC., a California
corporation, doing business as BYLIN
ENGINEERED SYSTEMS

17
18
19
20

IT IS SO ORDERED. This case is stayed for ninety (90) days from the filed date of this

21

order.

22

DATED: August 22, 2011.

23
UNITED STATES DISTRICT JUDGE
24
25
26
27
28
3
STIPULATION AND ORDER TO STAY CASE