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

Filing 82

AMENDED STIPULATION AND ORDER REGARDING SETTLEMENT CONFERENCE. Settlement Conference set for 1/11/2010 at 9:30 a.m. before the Honorable Joseph C. Spero, Courtroom A, 15th Floor, 450 Golden Gate Ave., San Francisco, CA. Signed by Magistrate Judge Joseph C. Spero on 10/15/2009. (ls, COURT STAFF) (Filed on 10/15/2009)

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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) AMENDED STIPULATED REQUEST AND [PROPOSED] ORDER REGARDING SETTLEMENT CONFERENCE

Hon. Joseph C. Spero

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STIPULATED REQUEST AND [PROPOSED] ORDER REGARDING SETTLEMENT CONFERENCE

Case No. C 09-01550 JSW (JCS)

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WHEREFORE, the Court's August 24, 2009 Notice of Settlement Conference and Settlement Conference Order set a schedule for a settlement process (D.I. 53); WHEREFORE, in the parallel action in the District of Delaware, Teleconference Systems, LLC v. Procter & Gamble Pharmaceuticals, Inc. et al., C.A. No. 09-200 (JBS), currently pending before the court are Cisco Systems, Inc.'s motions to stay and to transfer venue to the Northern District of California and Teleconference Systems, LLC's motion for leave to amend its complaint to add Tandberg, Inc. as an additional party; WHEREFORE, the Delaware court has scheduled a hearing on Cisco's pending motions in that action for October 26, 2009; WHEREFORE, currently pending before this Court are Margalla Communications, Inc.'s Motion to Dismiss for Lack of Subject Matter Jurisdiction and Defendants' Motion to Dismiss, Stay or In the Alternative Transfer to the District of Delaware; and WHEREFORE, the 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 to allow the parties sufficient time to consider the resolutions of the motions pending in both actions in advance of the Settlement Conference before this Court. NOW THEREFORE IT IS HEREBY STIPULATED BETWEEN THE PARTIES that, subject to the Court's approval, Cisco shall respond and make a counter-proposal to Defendants' settlement proposal, in writing, with a copy to the Court, by October 16, 2009 and that the parties' principals will meet and confer, in person, regarding settlement by November 30, 2009. It is further stipulated that the Settlement Conference in this case shall be held on a date convenient for the Court in early 2010.

Dated: October 14, 2009

THE SIMON LAW FIRM, P.C. By: /s/ Timothy E. Grochocinski_______ TIMOTHY E. GROCHOCINSKI [e-mail] Attorneys for Defendants

STIPULATED REQUEST AND [PROPOSED] ORDER REGARDING SETTLEMENT CONFERENCE

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Case No. C 09-01550 JSW (JCS)

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Dated: October 14, 2009

WEIL, GOTSHAL & MANGES LLP By: /s/ Edward R. Reines EDWARD R. REINES [e-mail] Attorneys for Plaintiff Cisco Systems, Inc.

FILER'S ATTESTATION 7 I, Edward R. Reines, am the ECF User whose ID and password are being used to file this 8 Joint Stipulation. In compliance with General Order 45, paragraph X.B., I hereby attest that 9 Timothy Grochocinski has concurred in this filing. 10 11 Dated: October 14, 2009 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATED REQUEST AND [PROPOSED] ORDER REGARDING SETTLEMENT CONFERENCE

WEIL, GOTSHAL & MANGES LLP

By:

/s/ Edward R. Reines EDWARD R. REINES [e-mail] Attorneys for Plaintiff Cisco Systems, Inc.

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Case No. C 09-01550 JSW (JCS)

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[PROPOSED] ORDER Pursuant to the Stipulation above, Cisco shall respond and make a counter-proposal to Defendants' settlement proposal, in writing, with a copy to the Court, by October 16, 2009, and the parties' principals will meet and confer, in person, regarding settlement by November 30, 2009. It is further ordered that the Settlement Conference in this case shall be held on

January 11 _____________, 2010, at _____________, in Courtroom A, 15th Floor, Federal Building, 450 9:30 a.m. Golden Gate Avenue, San Francisco, California.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

October 15, 2009 DATED: _______________

_______________________________ JOSEPH C. SPERO UNITED STATES MAGISTRATE JUDGE

STIPULATED REQUEST AND [PROPOSED] ORDER REGARDING SETTLEMENT CONFERENCE

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Case No. C 09-01550 JSW (JCS)