Ingrid & Isabel, Inc. et al v. Baby Be Mine, LLC

Filing 34

ORDER Granting re 33 Stipulation Continuing Claim Construction Case Schedule Dates. Claim Consruction hearing set for 2/27/2009 at 9:30 a.m. filed by Ingrid & Isabel, Inc., Ingrid & Isabel, LLC. Signed by Judge Joseph C. Spero on 10/24/08. (fj, COURT STAFF) (Filed on 10/24/2008)

1 ROBERT J. YORIO (SBN 93178) [e-mail] 2 ILENE H. GOLDBERG (SBN 168051) [e-mail] 3 CHRISTINE S. WATSON (SBN 218006) [e-mail] 4 CHRISTOPHER P. GREWE (SBN 245938) [e-mail] 5 CARR & FERRELL LLP 2200 Geng Road 6 Palo Alto, California 94303 Telephone: [phone] Facsimile: [phone] 8 Attorneys for Plaintiffs/Counterdefendants INGRID & ISABEL, INC. and 9 INGRID & ISABEL, LLC 10 11 12 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CASE NO. C08-02554 JCS

14 INGRID & ISABEL, INC., a California corporation, and INGRID & ISABEL, LLC, 15 a California limited liability company, 16 17 v. Plaintiffs,

18 BABY BE MINE, LLC, a Delaware limited liability company, 19 Defendant. 20 21 AND RELATED COUNTERCLAIMS. 22 23

[PROPOSED] ORDER AND STIPULATION CONTINUING CLAIM CONSTRUCTION CASE SCHEDULE DATES

Plaintiffs INGRID & ISABEL, INC. and INGRID & ISABEL, LLC ("Plaintiffs") and

24 Defendant BABY BE MINE, LLC ("Defendant"), through their respective counsel, hereby stipulate 25 to the following: 26 WHEREAS: 27 28
{00343775v1}

A.

The Court issued its Case Management and Pretrial Order ("Case Management Order") in the above-captioned case on September 17, 2008 (Docket No. 29); -1Order and Stipulation Continuing Claim Construction Case Schedule Dates (Case No. C08-02554 JCS)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

B.

The Case Management Order set the following deadlines and hearing date: Opening Claim Construction Briefs by Plaintiffs Responding Claim Construction Briefs by Defendant Reply Claim Construction Briefs by Plaintiffs Claim Construction Hearing November 14, 2008 December 2, 2008 December 9, 2008 January 23, 2009;

C.

The parties have initiated settlement discussions and mediation is set for December 15, 2008. The parties wish to avoid the time and expense of claim construction briefing and focus on settlement of this case;

D.

The parties have met and conferred and agree that the claim construction briefing schedule should be continued as follows: Opening Claim Construction Briefs by Plaintiffs Responding Claim Construction Briefs by Defendant Reply Claim Construction Briefs by Plaintiffs Claim Construction Hearing December 22, 2008 January 9, 2008 January 16, 2008 February 20, 2009;

E.

This is the first request for a continuance of the claim construction dates made by the parties in this case and the requested continuances are not made for the purpose of delay; and

F.

This stipulation and the corresponding continuances are not believed to affect or otherwise alter any other deadline presently on calendar other than the January 23, 2009 Claim Construction Hearing date.

Accordingly, IT IS HEREBY STIPULATED by and between Plaintiffs and Defendant,

22 through their respective counsel, that Opening Claim Construction Briefs by Plaintiffs are due on or 23 before December 22, 2008, Responding Claim Construction Briefs by Defendant are due on or 24 before January 9, 2008, Reply Claim Construction Briefs by Plaintiffs are due on or before January 25 16, 2008 and the Claim Construction Hearing may be set on February 20, 2009 or on such other 26 date that is convenient to the Court. 27 /// 28 ///
{00343775v1}

-2Order and Stipulation Continuing Claim Construction Case Schedule Dates (Case No. C08-02554 JCS)

1 IT IS SO STIPULATED. 2 Dated: October 23, 2008 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ORDER Having considered the parties' Stipulation Continuing Case Schedule Dates and good Dated: October 23, 2008 By: /s/ Christine S. Watson ROBERT J. YORIO ILENE H. GOLDBERG CHRISTINE S. WATSON CHRISTOPHER P. GREWE Attorneys for Plaintiffs/Counterdefendants INGRID & ISABEL, INC. and INGRID & ISABEL, LLC

CARR & FERRELL LLP

CRAIGIE, MCCARTHY & CLOW
By: /s/ Peter Craigie PETER CRAIGIE Attorneys for Defendant/Counterclaimant BABY BE MINE, LLC

17 cause appearing therefor, 18 19 20 21 22 23 24 IT IS HEREBY ORDERED THAT: A. Opening Claim Construction Briefs by Plaintiffs are due on or before December 22, 2008; B. Responding Claim Construction Briefs by Defendant are due on or before January 9, 2008; C. Reply Claim Construction Briefs by Plaintiffs are due on or before January 16, 2008; February 27, 2009 D. The Claim Construction Hearing is set for _______________________.

25 IT IS SO ORDERED.

UNIT ED

26 24 27 Dated: October ___, 2008 28
{00343775v1}

S

S DISTRICT TE C TA

United States Magistrate Judge

LI

-3o C. Sper Order and Stipulation Continuing Claim Construction seph Schedule Dates ge Jo Case Jud (Case No. C08-02554 JCS)

FO

R NIA

ERED O ORD C. SPERO IS S IT HON. JOSEPH

RT U O

NO

RT

H