Alphaville Design, Inc. v. Knoll, Inc.

Filing 345

STIPULATION AND ORDER amending briefing schedules re motions for summary judgment; Signed by Judge Marilyn Hall Patel on 3/18/2010. (awb, COURT STAFF) (Filed on 3/19/2010)

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COBLENTZ, PATCH, DUFFY & BASS LLP ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA 415.391.4800 FAX 415.989.1663 1 PHILIP GREEN (State Bar No. 92389) BEVERLY R. GREEN (State Bar No. 92388) 2 LAW OFFICES OF GREEN & GREEN 1000 4th Street, Suite 595 3 San Rafael, California 94901 Telephone: 415.457.8300 4 Facsimile: 415.457.8757 Email: phil@iplegal.com 5 JEFFREY G. KNOWLES (State Bar No. 129754) 6 JULIA D. GREER (State Bar No. 200479) JONATHAN M. ELDAN (State Bar No. 222178) 7 COBLENTZ, PATCH, DUFFY & BASS LLP One Ferry Building, Suite 200 8 San Francisco, California 94111-4213 Telephone: 415.391.4800 9 Facsimile: 415.989.1663 Email: ef-jgk@cpdb.com, ef-jdg@cpdb.com, 10 ef-jme@cpdb.com 11 Attorneys for Plaintiff. and Counter-Claim Defendant 12 ALPHAVILLE DESIGN, INC. and Counter-Claim Defendants 13 DAVID LEE and PEGGY LEE 14 15 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 94111-4213 SAN FRANCISCO DIVISION ALPHAVILLE DESIGN, INC., a Delaware Case No. CV 07-5569 MHP 17 corporation, STIPULATION AND [PROPOSED] 18 Plaintiff, ORDER TO ALTER BRIEFING ON KNOLL, INC.'S MOTION FOR 19 v. SUMMARY JUDGMENT 20 KNOLL, INC., a Delaware corporation, Date: April 12, 2010 Time: 2:00 p.m. 21 Defendant. Judge: Hon. Marilyn H. Patel Courtroom: 15, 18th Floor 22 Complaint Filed: November 1, 2007 23 AND RELATED ACTIONS. Counter Claims Filed: January 15, 2008 Trial Date: May 19, 2010 24 25 26 27 28 13951.001.1383405v1 WHEREAS, on March 15, 2010, all parties and their counsel attended an all-day mediation of this action; and WHEREAS, the parties have reached agreement in principle conceptually for a possible 1 Case No. CV 07-5569 MHP STIPULATION AND [PROPOSED] ORDER TO ALTER BRIEFING ON KNOLL, INC.'S MOTION FOR SUMMARY JUDGMENT 1 settlement of all claims, and are in the process of drafting a final agreement, after which the parties 2 intend that this action will be dismissed in its entirety; and 3 WHEREAS, on March 3, 2010, the Court entered an order continuing the hearing on 4 Knoll, Inc.'s pending motion for partial summary judgment in the above-captioned action from 5 March 29, 2010 to April 12, 2010; continuing to March 19 the time for Alphaville Design, Inc. to 6 file its memorandum in opposition to that motion; and continuing to March 29, 2010 the time for 94111-4213 7 Knoll, Inc. to file its reply memorandum in support of that motion; and 8 WHEREAS, under the current briefing schedule, Alphaville Design, Inc.'s memorandum in 9 opposition to Knoll's motion for summary judgment must be filed no later than March 19, 2010; 10 and 11 WHEREAS, the parties wish to devote their energies to drafting and finalizing a settlement COBLENTZ, PATCH, DUFFY & BASS LLP ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA 415.391.4800 FAX 415.989.1663 12 agreement, at which point the pending motion will be removed from the Court's calendar; and 13 WHEREAS, in the event that the settlement is not finalized prior to the hearing date on this 14 motion, the change in the briefing schedule requested herein will not affect the current hearing 15 date or the date that final briefing will be completed; 16 17 THEREFORE, the parties stipulate and agree: 1. To a continuance of the deadline for Alphaville's memorandum in opposition to 18 Knoll, Inc.'s motion for partial summary judgment from March 19 to March 24, 2010. 19 3. That the deadline for Knoll, Inc.'s reply memorandum in support of its motion for 20 partial summary judgment shall remain March 29, 2010, and that the hearing date on that motion 21 shall remain April 12 unless and until such time as the motion is removed from the Court's 22 calendar or the case is dismissed. 23 DATED: March 16, 2010 24 25 26 27 28 13951.001.1383405v1 2 COBLENTZ, PATCH, DUFFY & BASS LLP By: /s/ Julia D. Greer Julia D. Greer Attorneys for Plaintiff ALPHAVILLE DESIGN, INC. and CounterClaim Defendants ALPHAVILLE DESIGN, INC., DAVID LEE AND PEGGY LEE Case No. CV 07-5569 MHP STIPULATION AND [PROPOSED] ORDER TO ALTER BRIEFING ON KNOLL, INC.'S MOTION FOR SUMMARY JUDGMENT 1 DATED: March 16, 2010 2 3 4 5 6 94111-4213 K & L GATES LLP By: Karineh Khachatourian Attorneys for Defendant and Counter-Claim Plaintiff KNOLL, INC. IT IS SO ORDERED. DATED: 3/18/2010 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13951.001.1383405v1 3 ________________________E_________ R_ D UNIT ED S S DISTRICT TE C TA RT U O COBLENTZ, PATCH, DUFFY & BASS LLP ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA 415.391.4800 FAX 415.989.1663 ER N D IS T IC T R OF Case No. CV 07-5569 MHP STIPULATION AND [PROPOSED] ORDER TO ALTER BRIEFING ON KNOLL, INC.'S MOTION FOR SUMMARY JUDGMENT A C LI FO arilyn Judge M l H. Pate R NIA RDE S SO O T. IMarilyn Hall Patel HI n o NO RT H 1 2 ATTESTATION PER GENERAL ORDER 45, X.B. I hereby attest that Karineh Khachatourian, counsel for Defendant, concurs in the filing of 3 this document, and that I have on file concurrence of counsel for Defendant indicated by a 4 "conformed" signature (/s/) within this e-filed document. 5 DATED: March 16, 2010 6 94111-4213 COBLENTZ, PATCH, DUFFY & BASS LLP 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13951.001.1383405v1 COBLENTZ, PATCH, DUFFY & BASS LLP ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA 415.391.4800 FAX 415.989.1663 By: /s/ Julia D. Greer Julia D. Greer Attorneys for Plaintiff ALPHAVILLE DESIGN, INC. and CounterClaim Defendants ALPHAVILLE DESIGN, INC., DAVID LEE AND PEGGY LEE 4 Case No. CV 07-5569 MHP STIPULATION AND [PROPOSED] ORDER TO ALTER BRIEFING ON KNOLL, INC.'S MOTION FOR SUMMARY JUDGMENT

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