Cisco Systems, Inc. v. Teleconference Systems, LLC et al

Filing 114

STIPULATION AND ORDER REGARDING SETTLEMENT CONFERENCE. Settlement Conference date of 3/23/10 at 9:30 AM before Judge Spero is vacated. Signed by Judge Joseph C. Spero on 3/9/10. (klh, COURT STAFF) (Filed on 3/9/2010)

Case3:09-cv-01550-JSW Document113

Filed03/08/10 Page1 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ANTHONY G. SIMON, Mo. Bar No. 38745 (pro hac vice) TIMOTHY E. GROCHOCINSKI, Mo. Bar No. 59607 (pro hac vice) The Simon Law Firm, P.C. 701 Market Street, Suite 1450 Saint Louis, Missouri 63101 Phone: [phone] Fax: [phone] [e-mail] [e-mail] Attorneys for Defendants MATTHEW D. POWERS (Bar No. 104795) [e-mail] EDWARD R. REINES (Bar No. 135960) [e-mail] SONAL N. MEHTA (Bar No. 222086) [e-mail] RIP FINST (Bar No. 234478) [e-mail] WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff CISCO SYSTEMS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CISCO SYSTEMS, INC., Plaintiff, v. TELECONFERENCE SYSTEMS, LLC and MARGALLA COMMUNICATIONS, INC., Defendants. Case No. C 09-01550 JSW (JCS) STIPULATED REQUEST AND [PROPOSED] ORDER REGARDING SETTLEMENT CONFERENCE Hon. Joseph C. Spero

STIPULATED REQUEST AND [PROPOSED] ORDER REGARDING SETTLEMENT CONFERENCE

Case No. C 09-01550 JSW (JCS)

Case3:09-cv-01550-JSW Document113

Filed03/08/10 Page2 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WHEREFORE, the Court's November 30, 2009 Order entering the parties' stipulation scheduled the Settlement Conference in this case for February 16, 2010 (D.I. 85); WHEREFORE, the Court requested that the Settlement Conference be reset for another date due to scheduling considerations and entered a January 22, 2010 Order (D.I. 90) rescheduling the Settlement Conference for March 23, 2010, with Settlement Conference Statements to be submitted by March 16, 2010; WHEREFORE, a related case involving the same patent, Cisco and TS, and eight other parties was transferred to this district from the District of Delaware; and, based on TS's intent to consolidate the transferred case with this case and to add five additional parties, on February 4, 2010, TS filed its Third Party Complaint (D.I. 92), naming thirteen defendants; WHEREFORE, on February 4, 2010, TS also filed its Answer to Complaint For Declaratory Judgment And Counterclaim ("TS's Counterclaim") (D.I. 93); WHEREFORE, the Court's December 10, 2009 Order (D.I. 89) entering the parties' subsequent stipulation directed that the Case Management Conference in this case be rescheduled and that the parties will propose a new date for the Case Management Conference once the parties have discussed the configuration of the case and counsel for all parties have appeared and responded to pleadings; WHEREFORE, Cisco Systems, Inc. and TS stipulated on March 1, 2010 (D.I. 109) that Cisco's response to TS's Counterclaim shall be due 21 days after service of TS's Third Party Complaint and summons on the last-served defendant named in TS's Third Party Complaint; and WHEREFORE parties believe that it may be most convenient and productive for the Court and for the parties to extend the deadline for the settlement process until after the pleadings have been answered, a Case Management Conference has been conducted, and the parties have exchanged infringement and invalidity contentions under the Patent Local Rules. NOW THEREFORE IT IS HEREBY STIPULATED BETWEEN THE PARTIES that, subject to the Court's approval, the Settlement Conference shall be taken off calendar and the parties will contact Chambers to propose dates amenable to the Court for the Settlement Conference and submission of Settlement Conference Statements in this case after the Case
STIPULATED REQUEST AND [PROPOSED] ORDER REGARDING SETTLEMENT CONFERENCE

1

Case No. C 09-01550 JSW (JCS)

Case3:09-cv-01550-JSW Document113

Filed03/08/10 Page3 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Management Conference is scheduled.

Dated: March 8, 2010

THE SIMON LAW FIRM, P.C. By: /s/ Anthony G. Simon ANTHONY G. SIMON [e-mail] Attorneys for Defendants _

Dated: March 8, 2010

WEIL, GOTSHAL & MANGES LLP By: /s/ Sonal N. Mehta [e-mail] Attorneys for Plaintiff Cisco Systems, Inc.

FILER'S ATTESTATION I, Sonal N. Mehta, am the ECF User whose ID and password are being used to file this Joint Stipulation. In compliance with General Order 45, paragraph X.B., I hereby attest that Anthony Simon has concurred in this filing.

Dated: March 8, 2010

WEIL, GOTSHAL & MANGES LLP By: /s/ Sonal N. Mehta [e-mail] Attorneys for Plaintiff Cisco Systems, Inc.

STIPULATED REQUEST AND [PROPOSED] ORDER REGARDING SETTLEMENT CONFERENCE

2

Case No. C 09-01550 JSW (JCS)

Case3:09-cv-01550-JSW Document113

Filed03/08/10 Page4 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 03/09/10 DATED: _______________

[PROPOSED] ORDER Pursuant to the Stipulation above, the Settlement Conference shall be taken off calendar and the parties will contact Chambers to propose dates amenable to the Court for the Settlement Conference and submission of Settlement Conference Statements in this case after the Case Management Conference is scheduled.

PURSUANT TO STIPULATION, IT IS SO ORDERED.
UNIT ED

S

ISTRIC ES D TC AT T

ER

N

F D IS T IC T O R

STIPULATED REQUEST AND [PROPOSED] ORDER REGARDING SETTLEMENT CONFERENCE

3

Case No. C 09-01550 JSW (JCS)

A

C

LI

_______________________________ JOSEPH C. SPERO . Spero seph C Judge Jo UNITED STATES MAGISTRATE JUDGE
FO
NO

R NIA

RT U O

RT

H