Mycone Dental Supply Co., Inc. v. Creative Nail Design, Inc.

Filing 110

STIPULATION AND ORDER RE 109 EXTENDING TIME FOR DEFENDANT CREATIVE NAIL DESIGN, INC. TO FILE ITS REPLY CLAIM CONSTRUCTION BRIEF PURSUANT TO PATENT LOCAL RULE 4-5. Signed by Judge Richard Seeborg on 2/11/13. (cl, COURT STAFF) (Filed on 2/11/2013)

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1 2 3 4 5 VENABLE LLP ADAM R. HESS (pro hac vice) Email: arhess@venable.com CHRISTOPHER T. LA TESTA (pro hac vice) Email: ctlatesta@venable.com 575 7th Street N.W. Washington, D.C. 20004 Telephone: (202) 344-4547 Facsimile: (202) 344-8300 6 7 8 9 FREITAS TSENG & KAUFMAN LLP CRAIG KAUFMAN (SBN 159458) Email: ckaufman@ftklaw.com 100 Marine Parkway Suite 200 Redwood Shores, CA 94065 Telephone: (650) 730-5557 10 11 Attorneys for Defendant CREATIVE NAIL DESIGN, INC. 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 17 18 19 20 21 MYCONE DENTAL SUPPLY CO., INC., D/B/A/ KEYSTONE RESEARCH & PHARMACEUTICAL, Plaintiff, vs. CREATIVE NAIL DESIGN, INC., Defendant. 22 23 Case No. 3:12-cv-00747-RS JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANT CREATIVE NAIL DESIGN, INC. TO FILE ITS REPLY CLAIM CONSTRUCTION BRIEF PURSUANT TO PATENT LOCAL RULE 4-5 AND RELATED COUNTERCLAIM 24 25 Pursuant to Local Rule 6-1, Defendant/Counterclaim Plaintiff Creative Nail Design, Inc. 26 (“CND”), seeks to extend the deadline for CND to file its reply claim construction brief 27 pursuant to Patent Local Rule 4-5 from February 15, 2013 to February 19, 2013 for the resons 28 -1- JOINT STIPULATION EXTENDING TIME FOR DEFENDANT CND TO FILE ITS REPLY CLAIM CONSTRUCTION BRIEF CASE NO. 3:12-CV-00747 RS 1 stated below. 2 Defendants Young Nails, Inc., Cacee, Inc. and Nail Systems International (“Counterclaim 3 Plaintiff Mycone Dental Supply Co., Inc. (“Keystone”), and Counterclaim Defendants”), do not oppose CND’s proposed extension. Therefore, the parties, by and through 4 their respective counsel, hereby stipulate, subject to the Court’s approval, to extend the deadline 5 6 7 8 9 10 11 for CND to file its reply claim construction brief pursuant to Patent Local Rule 4-5 from February 15, 2013 to February 19, 2013. This extension will not affect the date of the claim construction hearing or any other deadlines set by the Court. On February 8, 2013, Keystone and the Counterclaim Defendants filed their Responsive Claim Construction Brief. Pursuant to the Case Management Scheduling Order, as modified by 12 Court Order on January 7, 2013 (see Dkt. 95), the deadline for CND to file its Reply Claim 13 14 Construction Brief is February 15, 2013. CND has requested additional time, with the approval 15 of Keystone and Counterclaim Defendants, beyond the deadline to do so because CND’s lead 16 counsel of record is recovering from recent surgery. 17 18 Dated: February 11, 2013 Respectfully submitted, 19 FREITAS TSENG & KAUFMAN LLP 20 By /s/ Craig Kaufman CRAIG KAUFMAN (SBN 159458) 100 Marine Parkway, Suite 200 Redwood Shores, CA 94065 Telephone: (650) 730-5557 Email: ckaufman@ftklaw.com 21 22 23 24 Attorneys for Defendant CREATIVE NAIL DESIGN, INC. 25 26 FISH & RICHARDSON P.C. 27 28 By /s/ John R. Lane -2- JOINT STIPULATION EXTENDING TIME FOR DEFENDANT CND TO FILE ITS REPLY CLAIM CONSTRUCTION BRIEF CASE NO. 3:12-CV-00747 RS 1 JOHN M. FARRELL (SBN 99649) 500 Arguello Street, Suite 500 Redwood City, CA 94063 Telephone: (650) 839-5070 Facsimile: (650) 839-5071 Email: farrell@fr.com 2 3 4 5 John R. Lane (admitted pro hac vice) 1 Houston Center 1221 McKinney Street Suite 2800 Houston, TX 77010 Telephone: (713) 654-5307 Email: jlane@fr.com 6 7 8 9 Attorneys for Plaintiff MYCONE DENTAL SUPPLY CO., INC., D/B/A/ KEYSTONE RESEARCH & PHARMACEUTICAL 10 11 12 13 14 15 16 17 ATTESTATION OF CONCURRENCE 18 19 I, Craig R. Kaufman, am the ECF User whose ID and password are being used to file this 20 Joint Stipulation and [Proposed] Order Extending Time for Defendant Creative Nail Design, Inc. 21 to File Its Reply Claim Construction Brief Pursuant to Patent Local Rule 4.-5. I attest that, 22 pursuant to United States District Court, Northern District of California Civil L.R. 5-1(i)(3) and 23 General Order 45, concurrence in the filing of this document has been obtained from Counsel for 24 Plaintiff Mycone Dental Supply Co., Inc., d/b/a/ Keystone Research & Pharmaceutical. I declare 25 under penalty of perjury that the foregoing is true and correct. 26 Date: February 11 2013 /s/ Craig R. Kaufman Craig R. Kaufman 27 28 -3- JOINT STIPULATION EXTENDING TIME FOR DEFENDANT CND TO FILE ITS REPLY CLAIM CONSTRUCTION BRIEF CASE NO. 3:12-CV-00747 RS 1 2 [PROPOSED] ORDER 3 PURSUANT TO THE FOREGOING STIPULATION, IT IS HEREBY ORDERED 4 5 THAT the deadline for Defendant Creative Nail Design, Inc. to file its Reply Claim Construction Brief pursuant to Patent Local Rule 4-5 is extended from February 15, 2013 to February 19, 2013. 6 7 IT IS SO ORDERED. 8 9 10 11 Dated: February ___, 2013 ___________________________________ Hon. Richard Seeborg United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- JOINT STIPULATION EXTENDING TIME FOR DEFENDANT CND TO FILE ITS REPLY CLAIM CONSTRUCTION BRIEF CASE NO. 3:12-CV-00747 RS

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