Acco Brands USA LLC v. Comarco Wireless Technologies, Inc

Filing 32

STIPULATION AND ORDER RE 31 EXTENDING SINGLE DEADLINE IN AMENDED CASE MANAGEMENT SCHEDULING ORDER. Signed by Judge Richard Seeborg on 7/25/12. (cl, COURT STAFF) (Filed on 7/25/2012)

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EVAN FINKEL (SBN 100673)
[e-mail]
ROGER R. WISE (SBN 128262)
[e-mail]
MARK R. KENDRICK (SBN 217198)
[e-mail]
PILLSBURY WINTHROP SHAW PITTMAN LLP
725 South Figueroa Street, Suite 2800
Los Angeles, CA 90017-5406
Telephone:
[phone]
Facsimile:
[phone]
COLIN T. KEMP (SBN 215408)
[e-mail]
PILLSBURY WINTHROP SHAW PITTMAN LLP
50 Fremont Street, 5th Floor
San Francisco, CA 94120-7880
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant and Counterclaim Plaintiff
COMARCO WIRELESS TECHNOLOGIES, INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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)
)
)
Plaintiff and Counterclaim Defendant, )
)
vs.
)
)
COMARCO WIRELESS TECHNOLOGIES, )
INC.,
)
)
Defendant and Counterclaim Plaintiff. )
)
ACCO BRANDS USA LLC,

Case No. CV-11-4378-RS
JOINT STIPULATION AND
[PROPOSED] ORDER EXTENDING
SINGLE DEADLINE IN AMENDED
CASE MANAGEMENT
SCHEDULING ORDER (DKT. ENTRY
NO. 28)
Judge:
Hon. Richard Seeborg
Trial date: January 27, 2014

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Pursuant to Civil Local Rules 6-1(b) and 7-12, plaintiff and counterclaim defendant

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ACCO BRANDS USA LLC and defendant and counterclaimant COMARCO WIRELESS

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TECHNOLOGIES, INC. (“Comarco”), by and through their respective undersigned

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counsel, hereby submit this joint stipulation, and respectfully request the Court enter the

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following [proposed] order extending by one week the current August 1, 2012 deadline

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Joint Stipulation & [Proposed] Order
Case No. CV-11-4378

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under the Court’s Amended Case Management Scheduling Order (Dkt. Entry No. 28) (the

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“Order”), at 2:20-21, for the parties to exchange preliminary claim constructions and

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extrinsic evidence.

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RECITALS
A.

WHEREAS, on April 3, 2012, the Court entered the Order in the within

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action setting various deadlines in the proceedings, including claim construction

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scheduling;

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B.

WHEREAS, among other deadlines, the Order set the following deadline:

“The parties shall exchange preliminary claim constructions and extrinsic evidence no later
than August 1, 2012” (Order, at 2:20-21 (emphasis in original));
C.

WHEREAS, the parties desire to have the foregoing deadline extended by

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one week to allow them to devote additional time to their continued good faith meet and

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confer efforts and disclosure obligations under Patent Local Rules 4-1(b) and 4-2(a);

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D.

WHEREAS, there have been no modifications of any deadlines set forth in

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the Order, and the only time modification requested (and granted by the Court) previously

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concerned the time within which Comarco was to answer the complaint and the date on

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which the Court would hold the Case Management Conference (see Order dated January

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10, 2012); and,

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E.

WHEREAS, the extension requested herein will have no impact on any other

deadlines or dates set forth in the Order.

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STIPULATION

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NOW, THEREFORE, the parties, by and through their respective undersigned

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counsel, hereby STIPULATE and AGREE to the following modification of the Order: The

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August 1, 2012 deadline for the parties to exchange preliminary claim constructions and

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Joint Stipulation & [Proposed] Order
Case No. CV-11-4378

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extrinsic evidence (see Order, at 2:20-21) is extended by one week—that is, the deadline is

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now August 8, 2012.

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Dated: July 25, 2012.

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KILPATRICK TOWNSEND & STOCKTON LLP
By //s// A. James Isbester

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Attorneys for Plaintiff and Counterclaim Defendant
ACCO BRANDS USA LLC

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Dated: July 25, 2012.

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PILLSBURY WINTHROP SHAW PITTMAN LLP
By //s// Colin T. Kemp

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Attorneys for Defendant and Counterclaim Plaintiff
COMARCO WIRELESS TECHNOLOGIES, INC.

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GENERAL ORDER 45 ATTESTATION
In accordance with General Order 45, X.B., I hereby attest that Mr. Isbester
concurred in this filing.

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By //s// Colin T. Kemp

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Attorneys for Defendant and Counterclaim Plaintiff
COMARCO WIRELESS TECHNOLOGIES, INC.

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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7/25/12
Dated: ____________.

_______________________________

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United States District Court Judge
Richard Seeborg

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Joint Stipulation & [Proposed] Order
Case No. CV-11-4378