Heller v. Cepia L.L.C. et.al.

Filing 95

ORDER GRANTING 94 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE. Case Management Statement due by 4/13/2012. Case Management Conference set for 4/20/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 2/9/12. (jjoS, COURT STAFF) (Filed on 2/9/2012)

Case3:11-cv-01146-JSW Document94 Filed02/08/12 Page1 of 4

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KEKER & VAN NEST LLP
JEFFREY R. CHANIN, #103649
[e-mail]
MATTHEW WERDEGAR, #200470
[e-mail]
WARREN A. BRAUNIG, #243884
[e-mail]
633 Battery Street
San Francisco, CA 94111-1809
Telephone:
415 391 5400
Facsimile:
415 397 7188

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Attorneys for Defendant CEPIA, L.L.C.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JASON G. HELLER, an individual and sole
proprietor doing business as Floating
Lightbulb Toys,

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Plaintiff,
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Case No. CV11-01146 JSW (MEJ)
STIPULATION AND JOINT REQUEST
TO CONTINUE CASE MANAGEMENT
CONFERENCE; AND [PROPOSED]
ORDER

v.
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Judge:
CEPIA, L.L.C., a Missouri Limited Liability
Company; A-TECH PRODUCT
ENGINEERING COMPANY, LIMITED, a
Hong Kong Limited Liability Company; THE
BEAN PROJECT COMPANY LIMITED, a
Hong Kong Limited Liability Company;
YING LEUNG INTERNATIONAL
LIMITED, Hong Kong Limited Liability
Company,

Hon. Jeffrey S. White

Date Comp. Filed:
Trial Date:
TBD

March 10, 2011

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Defendants.
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STIPULATION AND JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; AND
[PROPOSED] ORDER
Case No. CV11-01146 JSW (MEJ)
621806.01

Case3:11-cv-01146-JSW Document94 Filed02/08/12 Page2 of 4

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Pursuant to N.D. Cal. Civil Local Rule 6-2 and Rule 7-12, Plaintiff Jason G. Heller,

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Defendant Cepia L.L.C. (“Cepia”), Defendant A-Tech Product Engineering Company (“A-

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Tech”) and Defendant The Bean Project Company Limited (“The Bean”), by and through

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counsel, hereby stipulate and jointly request a continuance of the Case Management Conference

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scheduled for February 24, 2012, at 1:30 p.m.

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WHEREAS the Initial Case Management Conference in this matter is currently set for
February 24, 2012, at 1:30 p.m. (Dkt. # 71); and

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WHEREAS the parties understand that the Court requires lead counsel for each
represented party to be present at the Initial Case Management Conference; and

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WHEREAS lead counsel for Cepia, Jeffrey R. Chanin, is also lead counsel in a trial set to

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begin on February 21, 2012, in United States v. McKesson Corp. et al., Case No. 2:08cv0214-

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SA-JMV, in the Northern District of Mississippi (See Decl. of Jeffrey R. Chanin in Support of

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Stipulation and Joint Request to Continue CMC, ¶¶ 2, 4); and

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WHEREAS the U.S. v. McKesson trial is scheduled to last approximately four weeks, and
Mr. Chanin will be in Mississippi for the entire duration of that period (Id. ¶ 4.); and

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WHEREAS Mr. Chanin expects to be back in San Francisco during the week of
March 26-30. (Id. ¶ 5); and

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WHEREAS Mr. Chanin will then be taking a long-scheduled family trip to the
Philippines from April 1 through April 17 (Id.); and

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WHEREAS counsel for A-Tech and The Bean, Edwin Prather, is out of town and
unavailable March 28-30, 2012 (Id. ¶ 7);

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WHEREAS Cepia waited until now to seek a continuance due to the possibility that the

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McKesson case might be won on summary judgment or otherwise reach a pre-trial resolution, but

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it is now clear the case is going to trial. (Id. ¶ 3); and

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WHEREAS the parties agree that the stipulated continuance should have minimal, if any,
effect on the schedule for this case (Id. ¶ 8); and

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621806.01

WHEREAS there have been seven previous modifications to the case schedule, with five
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STIPULATION AND JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; AND
[PROPOSED] ORDER
Case No. CV11-01146 JSW (MEJ)

Case3:11-cv-01146-JSW Document94 Filed02/08/12 Page3 of 4

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of the seven initiated by the Court and the other two related to the dates for answering the

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Complaint (Id. ¶¶ 9-16); and

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WHEREAS all parties agree to the proposed continuance (Id. ¶¶ 6-7),

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THEREFORE, for the foregoing reasons, the parties hereby stipulate and jointly request

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that the initial case management conference currently scheduled for February 24, 2012 be

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vacated and re-set for the first available date after April 17, 2012.

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Cepia’s undersigned counsel Warren Braunig hereby attests that Robert Matz, counsel for

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Plaintiff Jason G. Heller, and Edwin Prather, counsel for Defendants A-Tech and The Bean,

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concur in the filing of this Stipulation and Request, in accordance with General Order 45,

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Electronic Case Filing, section 10(b).

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Dated: February 8, 2012

KEKER & VAN NEST LLP

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By:

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Attorneys for Defendant CEPIA, L.L.C.

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Dated: February 8, 2012

THE LAW OFFICE OF ROBERT C.
MATZ LLP

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By:

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/s/ Robert C. Matz
ROBERT C. MATZ
Attorney for Plaintiff JASON G. HELLER

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/s/ Warren A. Braunig
JEFFREY R. CHANIN
MATTHEW WERDEGAR
WARREN A. BRAUNIG

Dated: February 8, 2012

THE LAW OFFICE OF EDWIN K.
PRATHER

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621806.01

By:

/s/ Edwin K. Prather
EDWIN K. PRATHER
Attorney for Defendants A-TECH
PRODUCT ENGINEERING COMPANY
LIMITED and THE BEAN PROJECT
COMPANY LIMITED

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JOINT STIPULATION AND REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; AND
[PROPOSED] ORDER
Case No. CV11-01146 JSW (MEJ)

Case3:11-cv-01146-JSW Document94 Filed02/08/12 Page4 of 4

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[PROPOSED] ORDER

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Pursuant to stipulation, and for good cause shown, IT IS HEREBY ORDERED that the
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Case Management Conference originally scheduled for Friday, February 24, 2012 at 1:30 p.m.
April 20, 2012
1:30
shall be continued to ________________________________, at ____________ a.m. / p.m.

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IT IS SO ORDERED.
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Dated: February 8, 2012

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______________________________________
The Honorable Jeffrey S. White
United States District Judge

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621806.01

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JOINT STIPULATION AND REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; AND
[PROPOSED] ORDER
Case No. CV11-01146 JSW (MEJ)