Advanced Steel Recovery, LLC v. X-Body Equipment, Inc. et al

Filing 28

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 5/10/13 EXTENDING the deadline to 6/3/13 for each party to file simultaneous opening claim construction briefs and supporting evidence. (Meuleman, A)

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GIBSON, DUNN & CRUTCHER LLP
Wayne Barsky, SBN 116731
[e-mail]
Casey J. McCracken, SBN 271202
[e-mail]
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone: [phone]
Facsimile: 213.229.7520
Attorneys for Plaintiff
ADVANCED STEEL RECOVERY, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ADVANCED STEEL RECOVERY, LLC,

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Plaintiff,
v.

CASE NO. 2:12-cv-01004-GEB-DAD
STIPULATION AND [PROPOSED] ORDER
TO ADJUST OPENING CLAIM
CONSTRUCTION BRIEFING DEADLINE

X-BODY EQUIPMENT, INC., and JEWELL
ATTACHMENTS, LLC,
Defendants.
WHEREAS, on July 31, 2012, this Court entered a Status (Pretrial Scheduling) Order (D.I.

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22) setting forth a case schedule in this action between Plaintiff Advanced Steel Recovery, LLC

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(“ASR”) and Defendants X-Body Equipment, Inc. (“X-Body”) and Jewell Attachments, LLC

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(“Jewell”) (collectively “Defendants”).

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WHEREAS, the current deadline for the parties to file simultaneous opening claim
construction briefs is Monday May 20, 2013.
WHEREAS, the parties have been engaging in good-faith settlement discussions in an effort
to resolve this matter in the immediate future.
WHEREAS, the parties believe that the possibility of realizing a resolution to this matter

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would be increased if the current deadline for opening claim construction briefs, currently due on

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May 20, 2013, was extended by two (2) weeks to June 3, 2013.

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Gibson, Dunn &
Crutcher LLP

STIPULATION AND [PROPOSED] ORDER TO
ADJUST OPENING CLAIM CONSTRUCTION
BRIEFING DEADLINE

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WHEREAS, the parties agreed amongst themselves to extend the deadline for opening claim

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construction briefs by two (2) weeks to June 3, 2013 and request that the Court grant such an

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extension.

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WHEREAS, the parties have not previously requested an extension of this deadline.

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WHEREAS, such an extension would promote judicial economy and allow the Court to

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conserve valuable resources, including the time and effort of its staff.
WHEREAS, the parties believe that such an extension of the deadline will also conserve the

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parties’ time and resources by allowing them to continue exploring viable opportunities to resolve

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this matter in good faith.

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WHEREAS, such an extension will not affect the remainder of the pre-trial schedule,

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including the deadline for responsive claim construction briefs due June 17, 2013, the technology

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tutorial scheduled for June 17, 2013, and the claim construction hearing scheduled for July 29, 2013.

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that the deadline for

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each party to file simultaneous opening claim construction briefs and supporting evidence shall be

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extended to Monday, June 3, 2013.

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DATED: May 8, 2012

GIBSON, DUNN & CRUTCHER LLP

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By: /s/ Casey J. McCracken____________
Casey J. McCracken

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Attorneys for Plaintiff ADVANCED STEEL
RECOVERY, LLC

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DATED: May 8, 2012

SEDGWICK LLP
By: /s/ Robert Harkins_______________
Robert Harkins
Attorneys for Defendants X-BODY EQUIPMENT,
INC. AND JEWELL ATTACHMENTS, LLC

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Gibson, Dunn &
Crutcher LLP

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STIPULATION AND [PROPOSED] ORDER TO
ADJUST OPENING CLAIM CONSTRUCTION
BRIEFING DEADLINE

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ORDER

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Pursuant to this Stipulation and for the reasons stated therein, IT IS HEREBY ORDERED
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that the deadline for each party to file simultaneous opening claim construction briefs and supporting
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evidence is extended to Monday, June 3, 2013.
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IT IS SO ORDERED.

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Date: 5/10/2013
___________________________________
GARLAND E. BURRELL, JR.
Senior United States District Judge

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DEAC_Signature-END:

ASR V X-BODY 12-CV-1004 STIPULATION TO ADJUST BRIEFING DEADLINE.DOC

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61khh4bb

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Gibson, Dunn &
Crutcher LLP

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STIPULATION AND [PROPOSED] ORDER TO
ADJUST OPENING CLAIM CONSTRUCTION
BRIEFING DEADLINE