Cataphora, Inc. v. Parker et al

Filing 260

STIPULATION AND ORDER. Signed by Magistrate Judge Bernard Zimmerman on 10/3/2011. (bzsec, COURT STAFF) (Filed on 10/3/2011)

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FRANK M. PITRE (SBN 100077)
NIKI B. OKCU (SBN 229345)
COTCHETT, PITRE & McCARTHY, LLP
San Francisco Airport Office Center
840 Malcolm Road, Suite 200
Burlingame, California 94010
Telephone: [phone]
Facsimile: [phone]
[e-mail]; [e-mail]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CATAPHORA, INC., a California corporation, Case No. CV 09 5749 BZ
Plaintiff,

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v.

STIPULATION RE BRIEFING AND
HEARING SCHEDULE ON POST TRIAL
MOTIONS; TO STAY EXECUTION OF
JUDGMENT; AND PROPOSED ORDER

JERROLD SETH PARKER, et al.,
Defendants.

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LA W O F F IC E S

COTCHETT,
PITRE &
MCCARTHY, LLP

STIPULATION RE BRIEFING AND HEARING SCHEDULE ON POST TRIAL M OTIONS; TO STAY
EXECUTION OF JUDGM ENT; AND PROPOSED ORDER

IT IS HEREBY STIPULATED by and between the parties and their respective counsel of

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record as follows:
Whereas, the jury trial of this matter was held on September 12-16 and on September 19,

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2011;
Whereas, the jury returned a verdict in favor of Plaintiff and against Defendants on
September 19, 2011 for the sum of $317,113.00;
Whereas the Court entered a judgment in accordance with the jury verdict in favor of Plaintiff
and against Defendants on September 19, 2011, for $317,113.00;
Whereas Plaintiff intends to file a Motion for Attorneys’ Fees and Costs and a Motion to
Determine Prejudgment Interest;

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Whereas Defendants intend to file certain post-trial motions, including Rule 50(b) Motions

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for Judgment as a Matter of Law, Motion for New Trial, Motion to Stay Execution of Judgment, and

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Motion to Tax Costs;

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Whereas, Plaintiff’s counsel, due to prior commitments, is unavailable for a hearing on these
motions until December 21, 2011;

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Whereas to give the parties an adequate opportunity to meet and confer regarding these

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various motions and to conserve judicial resources, the parties have agreed to extend the deadline

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to file the foregoing motions and to extend the briefing schedule as follows:
STIPULATION

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The execution of the judgment shall be stayed until after the Court rules on the Post-Trial

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Motions, including any Rule 50(b) and New Trial Motions, Defendants file pursuant to the deadlines

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set forth below.

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The hearing date on Motion for Plaintiff’s Motion for Attorneys’ Fees and Costs and Motion
to Determine Prejudgment Interest shall be December 21, 2011.
The hearing date for Defendants’ Post Trial Motions, including Rule 50(b) Motions, Motion
for New Trial, and Motion to Tax Costs will be December 21, 2011.
Plaintiff will file its Motion for Attorneys’ Fees and Costs and Motion to Determine
Prejudgment Interest by November 2, 2011.

LA W O F F IC E S

COTCHETT,
PITRE &
MCCARTHY, LLP

STIPULATION RE BRIEFING AND HEARING SCHEDULE ON POST TRIAL M OTIONS; TO STAY
EXECUTION OF JUDGM ENT; AND PROPOSED ORDER

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Defendants will file their Opposition to Plaintiff’s Motion for Attorneys’ Fees and Costs and

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Motion to Determine Prejudgment Interest on or before November 23, 2011.
Plaintiff will file any reply to Defendants’ Opposition to Plaintiff’s Motion for Attorneys’

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Fees and Costs and Motion to Determine Prejudgment Interest on or before December 7, 2011.

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Defendants will file their Motion to Tax Costs on November 23, 2011.

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Plaintiff will file a response to Defendants’ Motion to Tax Costs on or before December 7,

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2011.
Defendants will file their Post Trial Motions, including their Rule 50(b) Motions and Motion
for New Trial on or before November 11, 2011.
Plaintiff’s Opposition to Defendants’ Post Trial Motions will be due on or before December
2, 2011.
Defendants’ will file any reply briefs to Plaintiff’s Opposition to their Post Trial Motions on
or before December 12, 2011.

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Dated: September 26, 2011

COTCHETT, PITRE & McCARTHY, LLP

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By:

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/s/ Niki B. Okcu
NIKI B. OKCU
Attorneys for Defendants

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I, Niki B. Okcu, am the ECF User whose ID and password are being used to file this
Stipulation and [Proposed] Order. Pursuant to General Order 45, I hereby attest that William W.
Farrer has concurred in this filing.

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Dated: September 26, 2011

LAW OFFICES OF WILLIAM WEBB FARRER

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By:

/s/ William W. Farrer
WILLIAM W. FARRER
Attorneys for Plaintiff

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LA W O F F IC E S

COTCHETT,
PITRE &
MCCARTHY, LLP

STIPULATION RE BRIEFING AND HEARING SCHEDULE ON POST TRIAL M OTIONS; TO STAY
EXECUTION OF JUDGM ENT; AND PROPOSED ORDER

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[PROPOSED] ORDER

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Pursuant to the stipulation of the parties, IT IS SO ORDERED.

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October 3, 2011
Dated: _______________________

_________________________________________
THE HONORABLE BERNARD ZIMMERMAN

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LA W O F F IC E S

COTCHETT,
PITRE &
MCCARTHY, LLP

STIPULATION RE BRIEFING AND HEARING SCHEDULE ON POST TRIAL M OTIONS; TO STAY
EXECUTION OF JUDGM ENT; AND PROPOSED ORDER

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