Keithley v. The Home Store.Com, Inc. et al

Filing 868

ORDER vacating pretrial (trial); setting 12/16/08 cmc. Signed by Judge Illston on 12/4/08. (ts, COURT STAFF) (Filed on 12/5/2008)

Case 3:03-cv-04447-SI

Document 867

Filed 12/03/2008

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Luther Orton SNYDER, MILLER & ORTON LLP 111 Sutter S treet, S uite 1950 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Bruce J. Rose S. Benjamin Pleune Douglas R. Wilner ALSTON & BIRD, LLP 101 South Tryon Street, Suite 4000 Charlotte, North Carolina 28280-4000 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Homestore, Inc., The National Association of Realtors and The National Association of Home Builders of the United States UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION KEVIN L. KEITHLEY and TREN TECHNOLOGIES HOLDINGS, LLC, Plaintiffs, v. HOMESTORE.COM, INC., et al., Defendants. Case No. C 03-4447 SI STIPULATION AND [Proposed] ORDER

STIPULATION AND [PROPOSED] ORDER

Case 3:03-cv-04447-SI

Document 867

Filed 12/03/2008

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Whereas Defendants believe themselves to be prevailing parties as that phrase is used in connection with the right to be awarded costs as a result of this Court's Order granting Defendants' Motion for Summary Judgment as to Noninfringement and Invalidity Based on Indefiniteness. [Dkt. 862] ("the Order"); Whereas Defendants are unsure of whether the Order triggered an obligation pursuant to Civil L.R. 54-1(a) to file their bill of costs on or before December 3, 2008; Whereas Plaintiffs do not object to Defendants filing their bill of costs after judgment issues, however Plaintiffs' lack of objection shall not be interpreted to be a concession that Defendants are prevailing parties as Civil L.R. 54-1 contemplates; Whereas the Court's calendar currently includes a pre-trial conference in this case for December 16, 2008 at 3:30 P.M, which the parties propose be converted to a Further Case Management Conference allowing the parties and the Court to discuss issues that should be resolved prior to the issuance of judgment. Therefore pursuant to agreement, the parties stipulate and propose an Order issues as follows: (1) To the extent any party believes itself to be prevailing party, a bill of costs may be filed within 14 days after judgment issues in this case; /// /// /// /// /// /// /// /// /// /// /// ///

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STIPULATION AND [PROPOSED] ORDER REGARDING PRETRIAL SCHEDULING ORDER

Case 3:03-cv-04447-SI

Document 867

Filed 12/03/2008

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(2) The currently-calendared Pre-Trial Conference on December 16, 2008 at 3:30 P.M. shall be converted to a Further Case Management Conference. IT IS SO STIPULATED:

Dated: December 3, 2008.

ALSTON & BIRD, LLP By: /s/ Bruce J. Rose BRUCE J. ROSE Attorney for Defendants Homestore, Inc., the National Association of Realtors and the National Association of Home Builders of the United States

Dated: December 3, 2008.

FINNEGAN, HENDERSON, FARABOW, GARRETT, DUNNER, LLP By: /s/ Scott R. Mosko SCOTT. R. MOSKO Attorney for Plaintiffs Kevin Keithley and Tren Technologies Holdings, LLC

IT IS SO ORDERED: DATED: _________________________ _____________________________________________ United States District Judge

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