Bender v. Nokia Inc.

Filing 35

ORDER APPROVING STIPULATED REQUEST REGARDING RESCHEDULING OF INITIAL CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued to December 11, 2009 at 10:30 a.m., with a Joint Case Management Statement due no later than December 4, 2009. Signed by Judge Maxine M. Chesney on November 25, 2009. (mmclc2, COURT STAFF) (Filed on 11/25/2009)

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Greg L. Lippetz (State Bar No. 154228) [e-mail] Cora L. Schmid (State Bar No. 237267) [e-mail] JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: 650-739-3900 Attorneys for Defendant Nokia Inc.

David N. Kuhn - State Bar No. 73389 Attorney-at-Law 144 Hagar Avenue Piedmont, CA 94611 Telephone: [phone] E-mail: [e-mail] Attorney for plaintiff Gregory Bender

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Gregory Bender, Plaintiff, v. Nokia Inc., Defendant. Case No. C09-01247 (MMC) STIPULATED REQUEST AND [PROPOSED] ORDER REGARDING RESCHEDULING OF INITIAL CASE MANAGEMENT CONFERENCE

Pursuant to Civil L.R. 6-1(b) and 6-2, the parties in the above-captioned action through their respective counsel hereby submit this stipulated request that the Court reschedule the initial Case Management Conference, currently scheduled for December 4, 2009 at 10:30 a.m., for December 11, 2009 at 10:30 a.m., or as soon thereafter as the Court's schedule may allow. WHEREAS, pursuant to the October 2, 2009, docket entry in the above-titled action, the Initial Case Management Conference in this action is currently scheduled for December 4, 2009, at 10:30 a.m. in the San Francisco Division of the Northern District of California. WHEREAS, hearings on two motions to dismiss are scheduled to be heard on the same day, December 4, 2009, at 9:00 a.m. in the San Jose Division of the Northern District of California in Bender v. LG Electronics U.S.A., Inc. et al, C.A. No. 09-02114-JF, a case in this district involving the same plaintiff alleging infringement of the same patent as in the current case against different defendants. The Plaintiff in both lawsuits is represented by the same counsel,
STIPULATED REQUEST REGARDING RESCHEDULING OF INITIAL CASE MANAGEMENT CONFERENCE CASE NO. 09-cv-01247 (MMC)

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one of the moving parties in the Bender v. LG case is represented by counsel for the Defendant in the present action, and the other moving party in the Bender v. LG case is represented by unrelated counsel. WHEREAS, the parties believe that in the interests of efficiency and of avoiding possible conflict, the Initial Case Management Conference should be continued in favor of the hearing in Bender v. LG, which involves the greater number of parties than the Case Management Conference in the current action.

THE PARTIES HEREBY SUBMIT THE STIPULATED REQUEST THAT: The Initial Case Management Conference in this action be continued to December 11, 2009, at 10:30 a.m., or as soon thereafter as the Court's schedule may allow. Respectfully submitted, Dated: November 24, 2009 Jones Day

By:

/s/ Gregory Lippetz Greg L. Lippetz State Bar No. 154228 JONES DAY Silicon Valley Office 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: 650-739-3900

Counsel for Defendant Nokia Inc.

In accordance with General Order No. 45, Section X(B), the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below.

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STIPULATED REQUEST REGARDING RESCHEDULING OF INITIAL CASE MANAGEMENT CONFERENCE CASE NO. 09-cv-01247 (MMC)

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Dated: November 24, 2009

By:

/s/ David Kuhn David N. Kuhn Attorney-at-Law 144 Hagar Avenue Piedmont, California 94611 Telephone: [phone]

Counsel for Plaintiff Gregory Bender

PURSUANT TO STIPULATION, IT IS SO ORDERED: The Case Management Conference is hereby CONTINUED to December 11, 2009. The parties shall submit a Joint Case Management Statement no later than December 4, 2009. November 25 DATED: ______________, 2009 By: The Hon. Maxine M. Chesney United States District Court Judge

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STIPULATED REQUEST REGARDING RESCHEDULING OF INITIAL CASE MANAGEMENT CONFERENCE CASE NO. 09-cv-01247 (MMC)