Actividentity Corporation v. Intercede Group PLC et al

Filing 72

STIPULATION AND ORDER that the deadline to hold such a mediation be changed from the current deadline of 12/31/2009 to 3/31/2010 re doc 68 filed by Intercede LTD, Intercede Group PLC. Signed by Judge Vaughn R Walker on 11/13/2009. (cgk, COURT STAFF) (Filed on 11/16/2009)

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

DARRYL M. WOO (CSB No. 100513) [e-mail] CHARLENE M. MORROW (CSB No. 136411) [e-mail] TYLER A. BAKER (CSB No. 65109) [e-mail] FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants and Counterclaimants INTERCEDE GROUP PLC and INTERCEDE LTD. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

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ACTIVIDENTITY CORPORATION, a Delaware Corporation, Plaintiff, v. INTERCEDE GROUP PLC AND INTERCEDE LTD., both of Lutterworth, UK, Defendants. AND RELATED COUNTERCLAIMS.

Case No.: 3:08-cv-04577 VRW STIPULATION AND [PROPOSED] ORDER MODIFYING THE DEADLINE FOR MEDIATION

STIP. & [PROPOSED] ORDER MODIFYING MEDIATION DEADLINE

Case No. 08-cv-04577 VRW

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

Pursuant to Civil Local Rule 6-2, defendants and counterclaimants Intercede Group plc and Intercede Ltd. (collectively, "Intercede") and plaintiff and counterdefendant ActivIdentity Corporation ("ActivIdentity") submit this stipulated request to modify the deadline for mediation as currently established by this Court's order. A. The Parties Stipulate and Request to Modify the Deadline for Mediation.

The parties, with the concurrence of the appointed mediator, stipulate and hereby request to modify the deadline for mediation as required by this Court's ADR Local Rules. On June 12, 2009, the parties submitted a Stipulation and Proposed Order agreeing to participate in mediation under this Court's ADR Local Rules with such mediation to occur within 180 days of the case management conference. Doc # 34. On July 2, 2009, this Court entered that order. Doc # 38. Further, on July 2, 2009, this Court ordered that the deadline for such mediation to occur would be December 31, 2009. Doc # 39. On August 11, 2009, Beth Parker was appointed in this case to act as a mediator. Doc # 46. The parties were scheduled to conduct a mediation session on November 11, 2009. Intercede believed it would be premature to conduct the mediation on that date, given the case progress and schedule for contemplated case events, including the named inventor's deposition, pending motions addressing discovery and bifurcation issues, and claims construction briefing, the latter of which will not be completed until January 28, 2010. ActivIdentity did not object to an extension of the mediation deadline. See Doc # 65; Declaration of Darryl M. Woo in Support of Stipulation and [Proposed] Order Modifying the Deadline for Mediation at ¶ 10. After communications among the parties and the mediator concerning the participants' availability and the optimum dates for rescheduling the mediation, the parties and the mediator agreed to reschedule the mediation and to reserve February 2 and 5, 2010 for conduct of the mediation. Both dates fit within the mediator's current schedule, and fall after the completion of claim construction discovery and a likely ruling on the parties' pending motions. As currently set, the deadline not only would expire prior to the agreed, rescheduled mediation dates, but would require that a mediation occur before the completion of claims construction briefing. Id. ¶ 11.
STIP. & [PROPOSED] ORDER MODIFYING MEDIATION DEADLINE

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

As such, the parties respectfully stipulate and request that the deadline to hold such a mediation be changed from the current deadline of December 31, 2009 to March 31, 2010. No other dates should be affected by this change.

Dated: November 11, 2009

Respectfully submitted, FENWICK & WEST LLP By: /s/ Joseph S. Belichick Joseph S. Belichick

Attorneys for Defendants INTERCEDE GROUP PLC and INTERCEDE LTD.

Dated: November 11, 2009

Respectfully submitted, WILSON SONSINI GOODRICH & ROSATI By: /s/ Julie M. Holloway Julie M. Holloway

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Attorneys for Plaintiff ACTIVIDENTITY CORPORATION

ORDER PURSUANT TO STIPULATION, AND GOOD CAUSE SHOWING, IT IS SO ORDERED. Dated: Nov. 13, 2009

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The Honorable Vaughn R. Walker United States District Judge

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/s/ Joseph S. Belichick D IS T IC T O R Joseph S. Belichick

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STIP. & [PROPOSED] ORDER MODIFYING MEDIATION DEADLINE

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