Whittlestone, Inc. v. Handi-Craft Company

Filing 208

ORDER by Judge Saundra Brown Armstrong Granting 206 Stipulation TO VACATE TRIAL DATE AND TRANSFER THE CASE TO MAGISTRATE JUDGE JACQUELINE SCOTT CORLEY FOR TRIAL. (ndr, COURT STAFF) (Filed on 10/1/2013)

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MARK B. FREDKIN, ESQ. (SBN 53550)
WILLIAM SIAMAS, ESQ. (SBN 133111)
DAVID A. KAYS, ESQ. (SBN 120798)
MORGAN, FRANICH, FREDKIN & MARSH
99 Almaden Boulevard, Suite 1000
San Jose, California 95113-1613
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff/Counter-Defendant
WHITTLESTONE, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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WHITTLESTONE, INC., a California
corporation,

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Plaintiff and Counter-Defendant,
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vs.
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HANDI-CRAFT COMPANY, a Missouri
corporation,

Case No. CV 08-04193 SBA
STIPULATION AND ORDER TO
VACATE TRIAL DATE AND
TRANSFER THE CASE TO
MAGISTRATE JUDGE
JACQUELINE SCOTT CORLEY
FOR TRIAL

Defendant and Counter-Claimant.

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Pursuant to Civil Local Rules 7-1(a)(5) and 7-12 and Federal Rules of Civil

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Procedure (“FRCivP”) 16(b)(4), Plaintiff/Counter-Defendant Whittlestone, Inc. and

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Defendant/Counter-Claimant Handi-Craft Company, by and through their counsel, hereby

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stipulate to the following:

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WHEREAS the original trial date of September 21, 2012 was vacated by the court on
June 28, 2012 and reset for trial on October 21, 2013;
WHEREAS because of date conflicts and medical issues the parties desire to reset
the case for trial in late January or February, 2014;
WHEREAS the parties, in accordance with the provisions of Title 28, U.S.C. Section
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(No. CV 08-04193 SBA)
STIPULATION AND ORDER TO TRANSFER CASE TO THE CALENDAR OF MAGISTRATE JUDGE JACQUELINE S. CORLEY

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636(c), hereby voluntarily consent to have a United States Magistrate Judge conduct any

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and all further proceedings in the case, including trial, and order the entry of a final

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judgment. Appeal from the judgment shall be taken directly to the United States Court of

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Appeals for the Ninth Circuit;

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WHEREFORE the parties, through their respective counsel, hereby stipulate and

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agree to transfer the case to Magistrate Judge Jacqueline Scott Corley for trial, to be held

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in late January or February, 2014, or as soon thereafter as her calendar will allow.

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IT IS SO STIPULATED.

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MORGAN, FRANICH, FREDKIN & MARSH

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/s/ Mark B. Fredkin
By:_______________________________
Mark B. Fredkin
Attorneys for Plaintiff/Counter-Defendant
WHITTLESTONE, INC.

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Dated: October 1, 2013

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BURNHAM BROWN
HERZOG CREBS, LLP

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Dated: October 1, 2013

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/s/ Michael A. Vitale
By:_______________________________
Michael A. Vitale
Attorneys for Defendant/Counter-Claimant
HANDI-CRAFT COMPANY

ORDER

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The Court having considered the stipulation of the parties, and good cause
appearing therefor,
IT IS HEREBY ORDERED that the pretrial and trial dates are vacated and the case

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is transferred to Magistrate Judge Jacqueline Scott Corley to be set for trial in late January
or February, 2014, or as soon thereafter as her calendar will allow.

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(No. CV 08-04193 SBA)
STIPULATION AND ORDER TO TRANSFER CASE TO THE CALENDAR OF MAGISTRATE JUDGE JACQUELINE S. CORLEY

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED:

10/1/2013

______________________________________
HON. SAUNDRA B. ARMSTRONG
UNITED STATES DISTRICT JUDGE

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(No. CV 08-04193 SBA)
STIPULATION AND ORDER TO TRANSFER CASE TO THE CALENDAR OF MAGISTRATE JUDGE JACQUELINE S. CORLEY