Alphaville Design, Inc. v. Knoll, Inc.

Filing 259

STIPULATION AND ORDER vacating order 256 referring this matter to the Hon. Bernard Zimmerman for settlement conference; Parties shall proceed with private ADR before the Hon. Edward A Infante; Signed by Judge Marilyn Hall Patel on 9/11/2009. (awb, COURT STAFF) (Filed on 9/11/2009)

1 KARINEH KHACHATOURIAN (SBN 202634) Email: [e-mail] 2 BRYAN J. SINCLAIR (SBN 205885) Email: [e-mail] 3 MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO P.C. 4 5 Palo Alto Square - 6th Floor 3000 El Camino Real 5 Palo Alto, California 94306 Telephone: [phone] Facsimile: 650-251-7739 7 GEORGE GOTTLIEB (ADMITTED PRO HAC VICE) Email: [e-mail] 8 MARC P. MISTHAL (ADMITTED PRO HAC VICE) Email: [e-mail] 9 GOTTLIEB RACKMAN & REISMAN, P.C. 270 Madison Avenue 10 New York, NY 10016-0601 Telephone: [phone] Facsimile: [phone] 12 Attorneys for Defendant and Counterclaimant, KNOLL, INC. 13 14 15 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. 07-CV-05569 MHP (BZ) STIPULATION AND [PROPOSED] ORDER RE: SETTLEMENT CONFERENCE SCHEDULE

17 ALPHAVILLE DESIGN, INC., a Delaware corporation, 18 Plaintiff, 19 vs. 20 KNOLL, INC., a Delaware corporation, 21 22 23 24 AND RELATED COUNTERCLAIMS. 25 26 27 28 Defendant.

Complaint filed: Trial Date:

November 1, 2007 None set

STIPULATION AND [PROPOSED] ORDER RE: SETTLEMENT CONFERENCE SCHEDULE CASE NO. 07-CV-05569 MHP (BZ)

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STIPULATION WHEREAS, at the July 6, 2009 Case Management Conference the Court ordered that the

3 parties attend private mediation at JAMS before the Honorable Edward A. Infante (Ret.) at JAMS. 4 See July 6, 2009 Transcript (Dkt. No. 244) at 35:15-37:18. 5 WHEREAS, Plaintiff and Counter-Defendant Alphaville Design, Inc., Counter-Defendants

6 David and Peggy Lee, and Defendant and Counterclaimant Knoll, Inc. (collectively the "parties") 7 subsequently scheduled a settlement conference before the Honorable Edward A. Infante (Ret.) to 8 be held on October 28, 2009. 9 WHEREAS, at the August 31, 2009 Case Management Conference, the parties informed the

10 Court of this scheduled settlement conference, which the Court acknowledged and approved. 11 WHEREAS, on September 1, 2009, the Court referred this matter to the Honorable Bernard

12 Zimmerman for settlement. 13 WHEREAS, on September 3, 2009, the Honorable Bernard Zimmerman issued an order

14 setting a settlement conference to be held October 9, 2009. See Dkt. No. 256. 15 WHEREAS, the parties agree that it is not in the interest of judicial economy to have two

16 settlement conferences scheduled closely together before two different mediators. 17 WHEREAS, the parties further agree that they should go forward with the previously

18 scheduled conference before the Honorable Edward A. Infante (Ret.) and respectfully request that 19 the Court take the settlement conference before the Honorable Bernard Zimmerman off-calendar to 20 conserve the resources of the parties and the Court. 21 ACCORDINGLY, the parties, by and through the undersigned counsel, HEREBY

22 STIPULATE THAT: 23 1. The September 1st order and September 3rd (Dkt. No. 256) order referring this

24 matter to the Honorable Bernard Zimmerman for a settlement conference be vacated; and 25 / / / 26 / / / 27 / / / 28 / / / -1STIPULATION AND [PROPOSED] ORDER RE: SETTLEMENT CONFERENCE SCHEDULE CASE NO. 07-CV-05569 MHP (BZ)

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The parties shall proceed with the previously scheduled settlement conference before

2 the Honorable Edward A. Infante (Ret.) on October 28, 2009. 3 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO P.C. /s/ Karineh Khachatourian By: KARINEH KHACHATOURIAN JEFFREY M. RATINOFF Attorneys for Defendant and Counterclaimant, Knoll, Inc. COBLENTZ, PATCH, DUFFY & BASS LLP /s/ Jeffrey G. Knowles By: JEFFREY G. KNOWLES JULIA D. GREER Attorneys for Plaintiff Alphaville Designs, Inc., and Attorneys for Counter-Defendants, Alphaville Designs, Inc., David Lee and Peggy Lee ORDER PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

4 Dated: September 11, 2009 5 6 7 8 9 Dated: September 11, 2009 10 11 12 13 14 15 16 17

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18 19 Dated:_________________________ 9/11/2009 20 21 22 23 24 25 26 27 28
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