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

Filing 9

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 8 Stipulation filed by Technology Licensing Company, Inc., Mustek, Inc. Signed by Judge Patricia V. Trumbull on January 15, 2009. (pvtlc2, COURT STAFF) (Filed on 1/15/2009)

Case 5:08-cv-04253-PVT

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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
XXXXXXXXXXX STIPULATION AND [PROPOSED]X ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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Magistrate Judge Patricia V. Trumbull Current Case Management Conference: Date: January 20, 2009 Time: 2:00 p.m. Ctrm: 5

and related counterclaim.

STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

(CASE NO. CV-08-04253 PVT)

Case 5:08-cv-04253-PVT

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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 January 20, 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 is currently set for a Case Management Conference on January 20, 2009

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at 2:00 p.m. The Case Management Statement is due by January 13, 2009. 5. The parties agree that their resources and the resources of the Court would best be

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served by postponing the Case Management Conference.

Based on the foregoing, THE PARTIES HEREBY STIPULATE to the following: 1. The initial Case Management Conference currently scheduled for January 20, 2009, should be continued to February 10, 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. 2. The Case Management Statement currently due on January 13, 2009, should be filed no later than February 3, 2009 (or such other date as the Court may designate).

STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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(CASE NO. CV-08-04253 PVT)

Case 5:08-cv-04253-PVT

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Before the filing of this stipulation, there have not been any changes to Court ordered deadlines or dates in this case. The effect on the schedule for this case depends on the timing and outcome of the parties settlement negotiations. IT IS SO STIPULATED. Dated: January 14, 2009 TECHNOLOGY LICENSING COMPANY, INC. By: /s/ Matthew Weil for Mr. Carpenter John Wade Carpenter Attorneys for Plaintiff/Counterdefendant TECHNOLOGY LICENSING COMPANY, INC. Dated: January 14, 2009 McDERMOTT WILL & EMERY LLP By: /s/ Matthew F. Weil Matthew F. Weil

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
ORC 454013-1.082851.0012

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:

January 15, 2009

PATRICIA V. TRUMBULL UNITED STATES MAGISTRATE JUDGE

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(CASE NO. CV-08-04253 PVT)