Life Long Driver, LLC v. The American Automobile Association, Inc. et al

Filing 41

MODIFIED STIPULATION AND ORDER re 40 STIPULATION to Extend Deadline for Mediation and to Adjust Claim Construction Briefing and Hearing Schedule filed by Life Long Driver, LLC, The American Automobile Association, Inc., AAA Foundation for Traffic Safety. The deadline to complete mediation is 9/6/2013. Claims Construction Hearing set for 1/24/2014 01:30 PM. Signed by Judge Elizabeth D Laporte on 7/25/2013. (knm, COURT STAFF) (Filed on 7/26/2013)

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SEDGWICK LLP
Robert M. Harkins, Jr. (State Bar No. 179525)
[e-mail]
Warren Krauss (State Bar No. 49568)
333 Bush Street, 30th Floor
San Francisco, CA 94104-2834
Telephone:
415.781.7900
Facsimile:
415.781.2635

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Attorneys for Plaintiff
LIFE LONG DRIVER, LLC
HARVEY SISKIND LLP
IAN K. BOYD (SBN 191434)
DONALD A. THOMPSON (SBN 260076)
4 Embarcadero Center, 39th Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
LAUBSCHER & LAUBSCHER PC
LAWRENCE E. LAUBSCHER, JR. (admitted pro hac vice)
1160 Spa Road, Suite 2B
Annapolis, Maryland 21403
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants and Counterclaimant
AMERICAN AUTOMOBILE ASSOCIATION, INC.
and AAA FOUNDATION FOR TRAFFIC SAFETY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LIFE LONG DRIVER, LLC,,
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Plaintiff,
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v.
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The AMERICAN AUTOMOBILE
ASSOCIATION, INC. (AAA), and AAA
FOUNDATION FOR TRAFFIC SAFETY,

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Defendants.
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CASE NO. C12 5429 EDL
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DEADLINE FOR
MEDIATION AND TO ADJUST CLAIM
CONSTRUCTION BRIEFING AND
HEARING SCHEDULE AS MODIFIED
BY THE COURT
CIVIL LOCAL RULE NO. 7-12
Judge:

Mag. Elizabeth D. Laporte

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CASE NO. C12 5429 EDL
STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR MEDIATION AND TO ADJUST CLAIM
CONSTRUCTION BRIEFING AND HEARING SCHEDULE
SF/3893196v1

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WHEREAS, on April 24, 2013, this Court entered an ADR Order (D.I. 33) setting forth

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the deadline for the parties, Plaintiff Life Long Driver, LLC, and Defendants the American

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Automobile Association, Inc. and AAA Foundation for Traffic Safety, to attend mediation by

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July 23, 2013;

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WHEREAS, on May 23, 2013, this Court entered a Case Management and Pretrial Order

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for Jury Trial (D.I. 39), setting forth a case schedule in this action, including a schedule for claim

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construction briefing and a claim construction hearing;

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WHEREAS, the parties have been engaging in good-faith settlement discussions in an
effort to resolve this matter but were not able to schedule the mediation in the given timeframe;

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WHEREAS, the parties believe that the possibility of realizing a resolution to this matter

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would be increased if the deadline to attend mediation and claim construction briefing and

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hearing schedule were adjusted as follows:

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Scheduling Item

Current Date

Revised Date

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ADR to be complete

July 23, 2013

Sept. 6, 2013

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Exchange of Proposed Terms for Construction
(Pat. L. R. 4-1)

July 26, 2013

Sept. 13, 2013

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Exchange of Preliminary Claim Constructions
and Extrinsic Evidence (Pat. L. R. 4-2)

Aug. 16, 2013

Oct. 4, 2013

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Sept. 10, 2013

Oct. 18, 2013

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Joint Claim Construction and Prehearing
Statement (Pat. L. R. 4-3)

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Completion of Claim Construction Discovery
(Pat. L. R. 4-4)

Oct. 10, 2013

Nov. 8, 2013

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Plaintiff’s Opening Claim Construction Brief
(Pat. L. R. 4-5(a))

Oct. 18, 2013

Nov. 22, 2013

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Defendants Claim Construction Brief (Pat. L. R.
4-5(b))

Nov. 8, 2013

Dec. 13, 2013

Plaintiff’s Reply Claim Construction Brief (Pat.
L. R. 4-5(c))

Nov. 15, 2013

Dec. 20, 2013

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Claim Construction Hearing

Dec. 17, 2013

Jan. 3, 2013 or as
soon thereafter as
the Court is
available

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CASE NO. C12 5429 EDL
STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR MEDIATION AND TO ADJUST CLAIM
CONSTRUCTION BRIEFING AND HEARING SCHEDULE
SF/3893196v1

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that the deadline

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for mediation and the dates for claim construction briefing and the claim construction hearing be

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extended as set forth above.

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DATED: July 23, 2013

SEDGWICK LLP

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By:/s/ Robert Harkins__
Robert Harkins

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Attorneys for Plaintiff LIFE LONG DRIVER,
LLC

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DATED: July 23, 2013

LAUBSCHER & LAUBSCHER PC

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By:_/s/ Lawrence E. Laubscher, Jr.____
Lawrence E. Laubscher, Jr.

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Attorneys for Defendants
AMERICAN AUTOMOBILE ASSOCIATION, INC.
and AAA FOUNDATION FOR TRAFFIC SAFETY

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Consent was given by each signatory to this document other than the filer to file with that

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person’s signature affixed.

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The Claim Construction Hearing is
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scheduled for January 24, 2014, at 1:30 p.m.
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Dated: July 25, 2013
UNITED STATES CHIEF MAGISTATE JUDGE
ELIZABETH D. LAPORTE

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CASE NO. C12 5429 EDL
STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR MEDIATION AND TO ADJUST CLAIM
CONSTRUCTION BRIEFING AND HEARING SCHEDULE
SF/3893196v1