Technology Licensing Company, Inc. v. Mustek, Inc.

Filing 12

SECOND STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE (BY ONE WEEK) re 11 Stipulation filed by Technology Licensing Company, Inc., Mustek, Inc. Signed by Judge Patricia V. Trumbull on February 4, 2009. (pvtlc2, COURT STAFF) (Filed on 2/4/2009)

Case 5:08-cv-04253-PVT

Document 11

Filed 02/04/2009

Page 1 of 3

1 2 3 4 5 6 7 8 9 10
MCDERMOTT WILL & EMERY LLP

JOHN WADE CARPENTER (SBN 221708) [e-mail] TECHNOLOGY LICENSING COMPANY, INC. 33-1/2 Los Pinos Nicasio , California 94946 Telephone: [phone] Facsimile: 415.410.6248 Attorneys for Plaintiff/Counterdefendant TECHNOLOGY LICENSING COMPANY, INC. MATTHEW F. WEIL (SBN 157505) [e-mail] DAVID M. STEIN (SBN 198256) [e-mail] McDERMOTT WILL & EMERY LLP 18191 Von Karman Avenue, Suite 500 Irvine, California 92612-7108 Telephone: [phone] Facsimile: 949.851.9348 Attorneys for Defendant/Counterclaimant MUSTEK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION TECHNOLOGY LICENSING COMPANY, INC., Plaintiff, v. MUSTEK, INC., Defendant. CASE NO. 5:08-cv-04253-PVT SECOND STIPULATION AND XXXXXXXXXX [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE (BY ONE WEEK) Magistrate Judge Patricia V. Trumbull Current Case Management Conference: Date: February 10, 2009 Time: 2:00 p.m. Ctrm: 5 and related counterclaim. Proposed Case Management Conference: Date: February 17, 2009 Time: 2:00 p.m. Ctrm: 5

11
A T T O R N E Y S A T LAW

12
IR V I N E

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

(CASE NO. CV-08-04253 PVT)

Case 5:08-cv-04253-PVT

Document 11

Filed 02/04/2009

Page 2 of 3

1 2 3 4 5 6 7 8 9 10
MCDERMOTT WILL & EMERY LLP

Pursuant to Local Rules 6-2 and 7-12, Plaintiff Technology Licensing Company, Inc. and Defendant Mustek, Inc. jointly request that the Court continue the case management conference, now scheduled in this case for February 10, 2009. The following facts are relevant to this request: 1. Defendant Mustek, Inc. has been duly served in this action, filing an answer and

counterclaim on December 29, 2008. 2. Plaintiff Technology Licensing Company's response to the counterclaim is due

January 20, 2009. 3. The parties are engaged in an informal exchange of information and discussions

regarding possible settlement and are hopeful that these discussions will bear fruit. 4. This case was originally set for a Case Management Conference on

11
A T T O R N E Y S A T LAW

12
IR V I N E

January 20, 2009 at 2:00 p.m. Pursuant to a prior stipulation, the Court moved the Case Management Conference to February 10, 2009. Due to circumstances beyond his control, counsel for Plaintiff Technology Licensing Company has discovered that he will not be in the San Francisco Bay Area on February 10 as previously planned. The Case Management Statement has been filed. 5. The parties agree that the Case Management Conference should be postponed.

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Based on the foregoing, THE PARTIES HEREBY STIPULATE to the following: 1. The initial Case Management Conference currently scheduled for February 10, 2009, should be continued to February 17, 2009 (or such other date as the Court may designate) at 2:00 p.m. in Courtroom 5 of the United States Courthouse located at 280 South First Street, San Jose, California 95113.

STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

-1-

(CASE NO. CV-08-04253 PVT)

Case 5:08-cv-04253-PVT

Document 11

Filed 02/04/2009

Page 3 of 3

1 2 3 4 5 6 7 8 9 10
MCDERMOTT WILL & EMERY LLP

Before the filing of this stipulation, there was only one change to the Court ordered deadlines or dates in this case (as noted above). The effect on the schedule for this case depends on the timing and outcome of the parties settlement negotiations. IT IS SO STIPULATED. TECHNOLOGY LICENSING COMPANY, INC. By: /s/ Matthew Weil for Mr. Carpenter John Wade Carpenter Attorneys for Plaintiff/Counterdefendant TECHNOLOGY LICENSING COMPANY, INC. Dated: February 4, 2009 McDERMOTT WILL & EMERY LLP By: /s/ Matthew F. Weil Matthew F. Weil

11
A T T O R N E Y S A T LAW

12
IR V I N E

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
ORC 455439-1.082851.0012

Attorneys for Defendant/Counterclaimant MUSTEK, INC.

ATTESTATION OF E-FILED SIGNATURE I, Matthew Weil, attest that signatory John Carpenter has read and approved the STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE and consents to its filing in this action. /s/ Matthew F. Weil Matthew F. Weil PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated:

February 4, 2009

PATRICIA V. TRUMBULL UNITED STATES MAGISTRATE JUDGE

-2-

(CASE NO. CV-08-04253 PVT)