Acco Brands USA LLC v. Comarco Wireless Technologies, Inc

Filing 53

STIPULATION AND ORDER re 52 Stipulation and Request for Order Modifying Scheduling Order. The deadline for hearing dispositive motions is continued to October 17, 2013, and the deadline for hearing pretrial motions is continued to December 12, 2013. Signed by Judge Richard Seeborg on 06/10/2013. (jmdS, COURT STAFF) (Filed on 6/10/2013)

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KILPATRICK TOWNSEND & STOCKTON LLP
A. JAMES ISBESTER (State Bar No. 129820)
SARA B. GIARDINA (State Bar No. 278954)
Two Embarcadero Center, 8th Floor
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff
ACCO BRANDS USA LLC

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PILLSBURY WINTHROP SHAW PITTMAN LLP
COLIN T. KEMP (State Bar No. 215408)
Four Embarcadero Center, 22nd Floor
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]

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Attorneys for Defendant
COMARCO WIRELESS TECHNOLOGIES, INC.

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[Additional Counsel for the Parties identified on last page]

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ACCO BRANDS USA LLC,
Plaintiff,

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v.

Case No. C11-4378 RS
STIPULATION AND REQUEST FOR
ORDER MODIFYING SCHEDULING
ORDER; [PROPOSED] ORDER
MODIFYING SCHEDULE ORDER

COMARCO WIRELESS TECHNOLOGIES,
INC.,

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Defendant.
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STIPULATION AND REQUEST FOR ORDER MODIFYING SCHEDULING ORDER
CASE NO. C11-4378 RS

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STIPULATION AND REQUEST FOR ORDER MODIFYING SCHEDULING ORDER

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Plaintiff ACCO Brands USA LLC and Defendant Comarco Wireless Technologies, Inc.,

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through their undersigned counsel, stipulate and respectfully request as follows:
1.

WHEREAS, the Court entered an Amended Case Management Scheduling Order

on April 3, 2012 (Dkt 28) (the “Order”), in which the Court set forth the case schedule;
2.

WHEREAS, the Order required all dispositive motions to be heard no later than

September 26, 2013;
3.

WHEREAS, the Order required all pretrial motions (e.g., motions in limine,

Daubert motions) to be heard no later than November 21, 2013;
4.

WHEREAS, the parties have been discussing and continue to discuss in good faith

settlement of this case;
5.

WHEREAS, because of their settlement efforts, and the devotion of resources and

attention thereto, the parties agreed to postpone certain discovery-related activities;
6.

WHEREAS, although the parties continue to engage in settlement efforts, and they

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continue to work cooperatively with each other regarding discovery, case management and other

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case scheduling issues, they respectfully believe that, in the event the case does not settle, modest

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extensions of two deadlines set by the Order are critical to just and efficient case management;

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7.

ACCORDINGLY, the parties respectfully request that the September 26, 2013

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deadline for hearing dispositive motions be continued to October 17, 2013, and that the

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November 21, 2013 deadline for hearing pretrial motions be continued to December 12, 2013.

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STIPULATION AND REQUEST FOR ORDER MODIFYING SCHEDULING ORDER

CASE NO. C11-4378 RS

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8.

These schedule modifications will not affect the trial date.

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DATED: June 10, 2013

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Respectfully submitted,
KILPATRICK TOWNSEND & STOCKTON LLP

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By: /s/Scott E. Kolassa
SCOTT E. KOLASSA

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Attorneys for Plaintiff
ACCO BRANDS USA LLC

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DATED: June 10, 2013

PILLSBURY WINTHROP SHAW PITTMAN LLP

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By: /s/Colin T. Kemp
COLIN T. KEMP

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Attorneys for Defendant
COMARCO WIRELESS TECHNOLOGIES, INC.

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GENERAL ORDER 45 ATTESTATION
In compliance with General Order 45, X.B., I hereby attest that counsel for Defendant has

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concurred in this filing.

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Dated: June 10, 2013

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By:

/s/Scott E. Kolassa
SCOTT E. KOLASSA
Attorneys for Plaintiff ACCO BRANDS USA LLC

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STIPULATION AND REQUEST FOR ORDER MODIFYING SCHEDULING ORDER

CASE NO. C11-4378 RS

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[PROPOSED] ORDER MODIFYING SCHEDULING ORDER

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Pursuant to the foregoing stipulation, and good cause appearing therefore, it is ORDERED

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THAT:
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The September 26, 2013 deadline for hearing dispositive motions is continued to

October 17, 2013, and,
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The November 21, 2013 deadline for hearing pretrial motions is continued to

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December 12, 2013.

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IT IS SO ORDERED.

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DATED:

6/10/2013
United States District Judge Richard Seeborg

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STIPULATION AND REQUEST FOR ORDER MODIFYING SCHEDULING ORDER

CASE NO. C11-4378 RS

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