Karl Storz Endoscopy-America, Inc. v. FemSuite, LLC

Filing 52

STIPULATION AND ORDER TO REMOVE E-FILED DOCUMENTS MISTANEKLY FILED BY PLAINTIFF re [doc #49] filed by Karl Storz Endoscopy-America, Inc.. Signed by Judge Vaughn R Walker on 12/9/2008. (cgk, COURT STAFF) (Filed on 12/9/2008)

Case 3:08-cv-03210-VRW

Document 49

Filed 12/02/2008

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BECK, ROSS, BISMONTE & FINLEY, LLP FAIRMONT PLAZA 50 W. SAN FERNANDO ST., 1300 SAN JOSE, CALIFORNIA 95113 TELEPHONE [phone]

Justin T. Beck, Esq. (Cal. Bar. No. 53138) Alfredo A. Bismonte, Esq. (Cal. Bar. No. 136154) Ron C. Finley, Esq. (Cal. Bar. No. 200549) Jeremy M. Duggan, Esq. (Cal. Bar. No. 229854) Beck, Ross, Bismonte & Finley, LLP 50 West San Fernando Street, Suite 1300 San Jose, CA 95113 Tel: [phone] Fax: [phone] Email: [e-mail] [e-mail] [e-mail] [e-mail] Wesley W. Whitmyer, Jr. (admitted pro had vice) Benjamin J. Lehberger (admitted pro had vice) ST.ONGE STEWARD JOHNSTON & REENS LLC 986 Bedford Street Stamford, Connecticut 06905 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Attorneys for Plaintiff Karl Storz Endoscopy-America, Inc. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Case No. C 08-3210 - VRW KARL STORZ ENDOSCOPY-AMERICA, INC. Plaintiff, v. FEMSUITE, LLC Defendant. STIPULATION AND [PROPOSED] ORDER TO REMOVE EFILED DOCUMENT MISTAKENLY FILED BY PLAINTIFF CIVIL LOCAL RULE 7-12

Case No. C 08-3210 (VRW) STIPULATION RE MISTAKENING FILED DOCUMENT

Case 3:08-cv-03210-VRW

Document 49

Filed 12/02/2008

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BECK, ROSS, BISMONTE & FINLEY, LLP FAIRMONT PLAZA 50 W. SAN FERNANDO ST., 1300 SAN JOSE, CALIFORNIA 95113 TELEPHONE [phone]

Whereas, on September 5, Defendant FEMSUITE, LLC ("FemSuite") filed its Motion to Dismiss Plaintiff's Complaint filed by KARL STORZ ENDOSCOPY-AMERICA, INC. ("KSEA") and noticed FemSuite's motion for hearing on December 11, 2008 (Docket No. 22); Whereas, KSEA represents that based on the concerns of FemSuite, KSEA revised its Memorandum in Opposition to FemSuite's motion ("Opposition") to exclude certain information that FemSuite may consider confidential, after which KSEA efiled the Opposition as Docket No. 40 on November 20, 2008; Whereas, very shortly after efiling the Opposition as Docket No. 40, KSEA represents that it noticed that some information which may be considered confidential by FemSuite was inadvertently contained in the Opposition filed as Docket No. 40, after which KSEA (1) promptly requested the Court's ECF help desk to "lock" Docket No. 40 so that it cannot be viewed by the public, and (2) efiled a corrected Memorandum in Opposition to FemSuite's motion ("Corrected Opposition") as Docket No. 44 on November 20, 2008; Whereas, KSEA represents that its has been informed by the Court's ECF help desk that Docket No. 40 has indeed been "locked" but that only the judge assigned to the case may order deletion or removal of a document filed with the Court. ACCORDINGLY, the parties, by and through their undersigned counsel, pursuant to Civil Local Rule 7-12, HEREBY STIPULATE to and respectfully request the Court to enter the following order: The document filed in Case No. C 08-3210 as Docket No. 40 be deleted and removed from the Court records, including the Court records maintained electronically.

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Dated: December 1, 2008

Respectfully submitted, Beck, Ross, Bismonte & Finley, LLP By: ____/s/_Alfredo Bismonte_____ Alfredo A. Bismonte, Esq. Attorneys for Plaintiff Karl Storz Endoscopy-America, Inc.

Case No. C 08-3210 (VRW) STIPULATION RE MISTAKENING FILED DOCUMENT 1

Case 3:08-cv-03210-VRW

Document 49

Filed 12/02/2008

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BECK, ROSS, BISMONTE & FINLEY, LLP FAIRMONT PLAZA 50 W. SAN FERNANDO ST., 1300 SAN JOSE, CALIFORNIA 95113 TELEPHONE [phone]

Dated: December 1, 2008

Respectfully submitted, Mintz Levin Cohn Ferris Glovsky and Popeo, PC By: ___/s/_Bryan J. Sinclair 1 ___ Bryan J. Sinclair, Esq. Attorneys for Defendant FemSuite, LLC

PURSUANT TO STIPULATION, IT IS SO ORDERED

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Pursuant to General Order No. 45, Section X, the filer of this document attests that concurrence in the filing of this document has been obtained from Bryan J. Sinclair.
Case No. C 08-3210 (VRW) STIPULATION RE MISTAKENING FILED DOCUMENT 2

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_________________________________ ANTED G Vaughn R. Walker The Honorable R United States District Court Judge

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12/9/2008 Dated: ________________________

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