Exergetic Systems, LLC v. Energy Future Holding Corp et al

Filing 36

STIPULATION AND ORDER: Status Conference reset for 10/26/2009 03:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 9/15/2009. (awb, COURT STAFF) (Filed on 9/16/2009)

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MICHAEL E. DERGOSITS (SBN 118206) TODD A. NOAH (SBN 152328) TED K. JOE (SBN 242589) DERGOSITS & NOAH LLP Three Embarcadero Center, Suite 410 San Francisco, California 94111 Tel: [phone] Fax: [phone] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] Attorneys for Plaintiff EXERGETIC SYSTEMS, LLC

ARTHUR S. BEEMAN (SBN 237996) PAMELA K. FULMER (SBN 154736) BRETT A. LOVEJOY (SBN 212942) JONES DAY 555 California St., 26th Floor San Francisco, CA 94104-1500 Telephone: [phone] Facsimile: [phone] email: [e-mail] email: [e-mail] email: [e-mail] Attorneys for Defendants and Counterclaimants EDISON MISSION ENERGY and MIDWEST GENERATION, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

EXERGETIC SYSTEMS, LLC, Plaintiff, v. EDISON MISSION ENERGY; and MIDWEST GENERATION LLC, Defendants. AND RELATED COUNTERCLAIMS

Case No. 09-0883-MHP STIPULATION AND [PROPOSED] ORDER

WHEREAS this Court held a Case Management Conference on July 6, 2009, and ordered Plaintiff Exergetic Systems, LLC and Defendants Edison Mission Energy and Midwest Generation LLC ("the Parties") to return for a Further Case Management Conference on September 21, 2009; WHEREAS Plaintiff served its Infringement Contentions and Disclosures pursuant Patent L.R. 3-1 and 3-2 on July 20, 2009, and Defendants, by agreement of the Parties, are scheduled to serve their Invalidity Contentions and Disclosures pursuant Patent L.R. 3-3 and 3-4 on September 17, 2009;
STIPULATION AND [PROPOSED] ORDER Case No.: CV-09-0883 MHP

SFI-613301v2

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WHEREAS the Parties have scheduled a meeting of the principals and their counsel in San Francisco, California on September 29, 2009 to discuss possible resolution of this case; and WHEREAS the Parties have set a court-sponsored mediation before Mediator George Fisher on October 13, 2009, also to discuss possible resolution of this case, NOW THEREFORE the Parties hereby stipulate, and respectfully request, through their respective counsel of record, that the Further Case Management Conference now set for 3 September 21, 2009 be postponed until October 26, 2009 at 2:00 P.M., subject to the Court's availability on that date. The Parties shall file jointly a Further Case Management Conference Statement 5 court days before the continued case Further Case Management Statement. IT IS SO STIPULATED. Dated: September 15, 2009 DERGOSITS & NOAH LLP By: /s/ Michael E. Dergosits Attorneys for Plaintiff and Counterdefendant EXERGETIC SYSTEMS, LLC

Dated: September 15, 2009

JONES DAY By: /s/ Arthur S. Beeman Attorneys for Defendants and Counterclaimants EDISON MISSION ENERGY and MIDWEST GENERATION LLC

I attest under penalty of perjury that concurrence in the filing of this document has been obtained from Defendants' counsel, Arthur S. Beeman.

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24 25 26 27 28 15 Dated: September ___, 2009 IT IS SO ORDERED.

S DISTRICT TE C /s/ TA

UNIT ED

Michael E. Dergosits

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STIPULATION AND PROPOSED OPRDER Case No.: CV-09-0883 MHP C

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_________________________ . Patel Hon. Marilyn H Patel Marilyn H. Judge United States District Judge

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