Herman Miller, Inc. v. Zuo Modern Contemporary, Inc. et al

Filing 61

ORDER to extend mediation deadline and to continue CMC re 60 Stipulation filed by Herman Miller, Inc. Further Case Management Conference set for 12/17/2010 08:30 AM in Courtroom 8, 19th Floor, San Francisco. Case Management Statement due by 12/10/2010. Signed by Judge Charles R. Breyer on 9/29/2010. (be, COURT STAFF) (Filed on 9/30/2010)

Herman Miller, Inc. v. Zuo Modern Contemporary, Inc. et al

Doc. 61

1 STEPHEN P. ELLINGSON (SBN 136505) [e-mail] 2 HAYES SCOTT BONINO ELLINGSON & MCLAY, LLP 203 Redwood Shores Parkway; Suite 480 3 Redwood City, California 94065 4 Telephone ­ [phone] Facsimile ­ [phone] 5 Attorneys for Plaintiff 6 HAROLD W. REICK DOUGLAS H. SIEGEL 7 [e-mail] JASON L. BUDD 8 [e-mail] 9 PRICE, HENEVELD, COOPER, DeWITT & LITTON, LLP 695 Kenmoor S.E. 10 P.O. Box 2567 Grand Rapids, Michigan 49501 11 Telephone ­ [phone] Facsimile ­ [phone] 12 Co-Counsel for Plaintiff (Admitted Pro Hac Vice) 13 14 15 16 17 18 HERMAN MILLER, INC., Plaintiff/Counterclaim Defendant, v. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CASE NO. CV-10-1608 CRB Honorable Charles R. Breyer U.S. District Court Judge STIPULATION AND PROPOSED ORDER (A) TO EXTEND THE MEDIATION DEADLINE AND (B) TO CONTINUE THE FURTHER CASE MANAGEMENT CONFERENCE

ZUO MODERN CONTEMPORARY, INC.; 19 AND DANRICK COMMERCE GROUP, LLC; 20 Defendants/Counterclaim Plaintiffs;

21 STACKS AND STACKS; SPACIFY, INC.; OFFICE FURNITURE OUTLET, INC.; AND 22 UNKNOWN CHINA COMPANY, 23 24 Defendants.

The initial Case Management Conference was held in this matter on July 30, 2010, before

25 Honorable Charles R. Breyer. Judge Breyer referred this matter to mediation and continued the 26 27 28 Case Management Conference to a Further Case Management Conference date of November 5, 2010. John W. Crittenden was appointed to serve as a mediator in this case. Accordingly, on -1Dockets.Justia.com

1 August 24, 2010, Mr. Crittenden held a joint telephone conference with counsel for all parties to 2 discuss the mediation. 3 4 5 6 Pursuant to ADR Local Rule 6.4, mediation is to be held within 90 days after the Order referring a matter to mediation, i.e., by October 28, 2010, in the present case. However, because of various scheduling conflicts, the earliest date which all parties are available for mediation is

7 November 4, 2010. Accordingly, contingent upon the Court extending the deadline for mediation, 8 the parties have agreed to mediation on November 4 at 10:00 a.m. in Mr. Crittenden's offices. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2STIPULATION AND PROPOSED ORDER TO EXTEND MEDIATION DEADLINE CASE NO. CV10-1608 CRB

Based on the above, the parties hereby stipulate and request: 1. 2. That the mediation deadline be extended through November 4, 2010; and That the Court reschedule the Further Case Management Conference (presently

scheduled for November 5, 2010) to a later date. Case Management conference set for December 17, 2010 at 8:30 a.m. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. HAYES SCOTT BONINO ELLINGSON & McLAY, LLP By:/s/ Douglas H. Siegel Stephen P. Ellingson Douglas H. Siegel (admitted pro hac vice) Jason L. Budd (admitted pro hac vice) Hal W. Reick (admitted pro hac vice) Attorneys for Plaintiff HERMAN MILLER, INC. DONAHUE GALLAGHER WOODS LLP By: /s/ John C. Kirke John C. Kirke Attorneys for Defendant and Counter-Claimant ZUO MODERN CONTEMPORARY, INC.

Dated: September 28, 2010

Dated: September 28, 2010

1 2 3 4 5 6 Dated: September 28, 2010 7 8 9 10 11 12 13 Dated: Sept. 29, 2010 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

ROPERS, MAJESKI, KOHN & BENTLEY By: /s/Lael D. Andara Neil A. Smith Robert P. Andris Lael D. Andara Attorneys for Defendant and Counter-Claimant DANRICK COMMERCE GROUP, LLP

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

United States District Court Judge

UNIT ED

S DISTRICT TE C ______________________________________ TA Hon. Charles R. Breyer

RT U O

S

ER

N

F D IS T IC T O R

STIPULATION AND PROPOSED ORDER TO EXTEND MEDIATION DEADLINE CASE NO. CV10-1608 CRB

A

C

LI

FO

harle Judge C

s R. Bre

yer

R NIA

O ORD IT IS S

ERED

NO

RT

H