UTHE Technology Corp v. Allen, et al

Filing 163

ORDER GRANTING STIPULATED REQUEST TO CONTINUE DISCOVERY HEARING re 158 Order, Set Deadlines/Hearings,,,, 162 Status Report filed by UTHE Technology Corporation, Set/Reset Deadlines as to 158 Order, Set Deadlines/Hearings,,,, 162 Statu s Report, 155 MOTION for Discovery Motion to Compel Defendants to Produce Documents. Motion Hearing set for 4/1/2013 01:30 PM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on March 15, 2013.. (whalc1, COURT STAFF) (Filed on 3/15/2013)

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MICHAEL DOCKTERMAN (admitted pro hac vice)
HEATHER H. HARRISON (admitted pro hac vice)
EDWARDS WILDMAN PALMER LLP
225 West Wacker Drive, Suite 2800
Chicago, Illinois 60606
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
CLINTON J. McCORD (SBN 204749)
EDWARDS WILDMAN PALMER LLP
1901 Avenue of the Stars, Suite 1700
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff
UTHE TECHNOLOGY CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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UTHE TECHNOLOGY CORPORATION,

Case No. 3:95-cv-02377-WHA

Plaintiff,

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vs.

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AETRIUM, INC., HARRY ALLEN, et al.,

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JOINT REPORT OF RESOLUTION OF
DISCOVERY DISPUTE AND REQUEST
FOR CONTINUANCE OF DISCOVERY
MEET AND CONFER AND HEARING

Defendants.

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AM 18500293.1

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COME NOW Plaintiff Uthe Technology Corporation (“Uthe”) and Defendants Aetrium, Inc.

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and Harry Allen, through undersigned counsel, and hereby notify the Court that while Defendants

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continue to object to the relevancy of the documents Uthe seeks in its Motion for Order Compelling

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Defendants to Produce Documents, filed on March 8, 2013 (ECF No. 155), Defendants have agreed

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to produce the documents sought by that Motion.

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Defendants have agreed to produce all such documents by Monday, March 25, 2013.

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Once the documents are produced, the motion will become moot. Accordingly, the parties

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jointly request that the Court continue the discovery meet-and-confer and hearing, currently set for

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Monday, March 18, 2013, two weeks, to Monday, April 1, 2013, or any other date that is convenient

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for the Court.

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Once the documents are produced, Uthe will file a notice of withdrawal of its motion.

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Respectfully submitted this 15th day of March, 2013,

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OPPENHEIMER WOLFF & DONNELLY LLP

EDWARDS WILDMAN PALMER LLP

/s/ David B. Potter
David B. Potter
Archana Nath

/s/ Cinton J. McCord
Michael Dockterman
Clinton J. McCord
Heather H. Harrison

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Attorneys for Defendants AETRIUM, INC. AND
HARRY ALLEN

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Attorneys for Plaintiff UTHE TECHNOLOGY
CORPORATION

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[PROPOSED] ORDER

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The parties’ request for a continuance of the discovery meet and confer and hearing is

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granted. The meet and confer and hearing, currently set for Monday, March 18, 2013, at 9:00 a.m.
11:30 a.m.
April 1
and 1:30 p.m., respectively, are hereby continued to ___________________________, 2013, at the

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same times. Plaintiff is ordered to file a notice of withdrawal of its motion upon completion of the

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production of documents by Defendants.

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AM 18500293.1

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William Alsup
United ilStatesup
liam Als District Judge
dge W

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ERED
O ORD D
IT IS S
__________________________
DIFIE
AS MO

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March 15, 2013.
Dated: _____________

UNIT
ED

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IT IS SO ORDERED.

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