Zircon Corporation v. The Stanley Works

Filing 12

STIPULATION AND ORDER TO ENLARGE DEFENDANT'S TIME TO RESPOND TO COMPLAINT AND TO RESCHEDULE THE INITIAL CASE MANAGEMENT CONFERENCE re 11 Stipulation filed by The Stanley Works. Signed by Judge Phyllis J. Hamilton on 5/19/09. (nah, COURT STAFF) (Filed on 5/19/2009)

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CLARK S. STONE (SBN 202123) JENNIFER M. LANTZ (SBN 202252) INCHAN A. KWON (SBN 247614) HAYNES AND BOONE, LLP 2033 Gateway Place, Suite 400 San Jose, California 95110 Phone: [phone] Facsimile: [phone] E-mail:[e-mail] [e-mail] [e-mail] Attorneys for Plaintiff ZIRCON CORPORATION PILLSBURY WINTHROP SHAW PITTMAN LLP VERNON H. GRANNEMAN (SBN 83532) [e-mail] DIANNE L. SWEENEY (SBN 187198) [e-mail] 2475 Hanover Street Palo Alto, CA 94304-1114 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant THE STANLEY WORKS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ZIRCON CORPORATION, a California corporation, Plaintiff, v. THE STANLEY WORKS, a Connecticut corporation, Defendant. Case No. C 09-0042 PJH STIPULATION AND [PROPOSED] ORDER TO ENLARGE DEFENDANT'S TIME TO RESPOND TO COMPLAINT AND TO RESCHEDULE THE INITIAL CASE MANAGEMENT CONFERENCE AND ASSOCIATED DATES Judge: Honorable Phyllis J. Hamilton Date Comp. Filed: January 6, 2009 Trial Date: None set

STIPULATION AND [PROPOSED] ORDER TO ENLARGE DEFENDANT'S TIME TO RESPOND TO COMPLAINT AND TO RESCHEDULE THE INITIAL CASE MANAGEMENT CONFERENCE ­ CASE NO. C 09-0042 PJH

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This stipulation is entered into by and between Defendant The Stanley Works ("Stanley") and Plaintiff Zircon Corporation ("Zircon") through their counsel of record as follows: WHEREAS, Stanley was served with the Summons and Complaint in this matter on May 4, 2009; WHEREAS, Stanley's answer or other response to the Complaint is due on May 26, 2009; WHEREAS, this Court issued an Order Setting Case Management Conference on May 13, 2009, setting the date of the initial case management conference for June 4, 2009, with a joint case management statement due on May 28, 2009; WHEREAS, the parties have been and are currently actively engaged in negotiations to reach a resolution of their dispute without further litigation, the parties intend to continue to said negotiations, and said negotiations would greatly benefit from an extension of time to permit the parties to work out the details of a possible settlement without the need to concurrently meet imminent litigation deadlines; and WHEREAS, neither party has previously requested an extension of time in this action;

NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, through their respective counsel of record, that: 1) Pursuant to Civil L.R. 6-1(a), the deadline for Stanley to answer or otherwise

respond to the Complaint shall be extended sixty (60) days, to Monday, July 27, 2009; 2) Pursuant to Civil L.R. 6-1(b) and this Court's Order Setting Case Management

Conference, the initial case management conference shall be postponed from June 4, 2009 to August 6, 2009, at 2:30 p.m. in Courtroom 5, 17th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco, California or the next available date for the Court; and 3) The parties shall file both the (a) joint initial case management conference

statement addressing each of the items listed in the "Standing Order For All Judges of the Northern District -- Contents of Joint Case Management statement" and (b) the necessary ADR filings as required by Civil L.R. 16-8(b)-(c) and ADR L.R. 3-5(b) (e.g., ADR certification and

STIPULATION AND [PROPOSED] ORDER TO ENLARGE DEFENDANT'S TIME TO RESPOND TO COMPLAINT AND TO RESCHEDULE THE INITIAL CASE MANAGEMENT CONFERENCE ­ CASE NO. C 09-0042 PJH

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either the ADR process selection stipulation or notice for a phone conference) seven (7) calendar days before the date of the rescheduled conference. IT IS SO STIPULATED. DATED: May 15, 2009 PILLSBURY WINTHROP SHAW PITTMAN LLP By /s/ Dianne L. Sweeney Dianne L. Sweeney Attorneys for Defendant THE STANLEY WORKS

DATED: May 15, 2009

HAYNES AND BOONE, LLP By /s/ Clark S. Stone Clark S. Stone Attorneys for Plaintiff ZIRCON CORPORATION

I hereby attest that I have the concurrence of Clark S. Stone to file this document.

By /s/ Dianne L. Sweeney Dianne L. Sweeney

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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19 DATED: May ___, 2009

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STIPULATION AND [PROPOSED] ORDER TO ENLARGE DEFENDANT'S TIME TO RESPOND TO COMPLAINT AND TO RESCHEDULE THE INITIAL CASE MANAGEMENT CONFERENCE ­ CASE NO. C 09-0042 PJH

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yllis J. udge Ph

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Hon. Phyllis J. Hamilton RDERE OO I District United StatesT IS S Judge

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