CareFusion 202, Inc. v. Tres Tech Corporation

Filing 49

STIPULATION AND ORDER re 48 STIPULATION WITH PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE filed by Tres Tech Corporation Case Management Statement due by 5/29/2014. Case Management Conference set for 6/5/2014 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 3/13/14. (bpfS, COURT STAFF) (Filed on 3/13/2014)

1
2
3
4
5
6
7
8
9
10

CITYVIEW PLAZA

150 ALMADEN BOULEVARD, 10TH FLOOR
SAN JOSE, CALIFORNIA 95113
TELEPHONE [phone]

BECK, BISMONTE & FINLEY, LLP

11
12

Howard Wisnia (SBN 184626)
Email: [e-mail]
MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO P.C.
3580 Carmel Mountain Road, Suite 300
San Diego, CA 92130
Telephone: [phone]
Facsimile: 858 314-1501
Attorneys for Petitioner CAREFUSION 202, INC.
Talmage Boston (TX Bar No. 02681800) (Pro Hac Vice)
Elisabeth A. Wilson (TX Bar No. 24056896) (Pro Hac Vice)
Jeffrey A. Tinker (TX Bar No. 24060733) (Pro Hac Vice)
Winstead PC
500 Winstead Building
2728 N. Harwood Street
Dallas, TX 75201
Tel: [phone] / Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Respondent Tres Tech Corporation

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Joseph A. Greco (Cal. Bar No. 104476)
Kimberly P. Zapata, Esq. (Cal. Bar No. 138291)
Beck, Bismonte & Finley, LLP
150 Almaden Boulevard, 10th Floor
San Jose, CA 95113
Tel: [phone] / Fax: [phone]
[e-mail]
[e-mail]
Local Counsel for Respondent Tres Tech Corporation
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
)
) Case No. 13-CV-02194-EMC
CAREFUSION 202, INC.,
)
) SECOND STIPULATION AND
Petitioner,
) [PROPOSED] ORDER TO CONTINUE
v.
) CASE MANAGEMENT CONFERENCE
) [CIVIL L.R. 6-2, 7-12]
TRES TECH CORPORATION,
) The Honorable Edward M. Chen
) United States District Judge
)
Respondent.
)
) Current CMC Date: April 17, 2014
) Requested CMC Date: June 5, 2014
Stipulation and [Proposed] Order to Continue Case Management Conference
Case No. CV-13-2194-EMC Page 0

1
2
3
4
5
6
7
8
9
10

CITYVIEW PLAZA

150 ALMADEN BOULEVARD, 10TH FLOOR
SAN JOSE, CALIFORNIA 95113
TELEPHONE [phone]

BECK, BISMONTE & FINLEY, LLP

11
12
13

This case presently is scheduled for a Case Management Conference on Thursday, April
17, 2014. The Joint Case Management Conference Statement is due on April 10, 2014. The
parties respectfully request that the Court continue the Case Management Conference until
Thursday, June 5, 2014 at 9:00 a.m. or to a date convenient to the Court thereafter for the
following reasons:
1.

This case involves a dispute over an American Arbitration Award (“Award”) in

favor of Respondent Tres Tech Corporation (“Tres Tech”).
2.

On August 2, 2013, the Court stayed this action pending resolution of related

litigation over the same Award taking place in the Northern District of Texas, Dallas Division
(“Texas Court”). ECF 43.
3.

The Texas Court subsequently remanded to the arbitration panel to clarify the

Award, which the arbitration panel did, and the parties to the Texas action have completed
briefing on whether the Award will be confirmed or vacated.

That matter is now under

14

submission to the Texas Court and the parties to that action do not know when the Texas Court

15

will issue its ruling.

16

4.

The parties to this action believe that this Court’s time and resources, as well as

17

their time and resources, will be conserved if the Texas Court’s ruling is issued before taking any

18

further action in this case, and the effect of this continuance will be to advance that objective.

19

All briefing is completed on the motions in the Texas Action and the parties thereto are awaiting

20

a hearing date and/or an order from the Texas Court.

21

5.

The CMC in this case previously was reset by the Clerk’s notice from August 22,

22

2013 to February 6, 2014. ECF 44. The Court has previously extended the CMC to the present

23

date of April 17, 2014 at the parties’ request for substantially the same reasons as set forth above.

24

Accordingly, the parties to this action hereby respectfully request that the Court continue

25

the Case Management Conference currently scheduled to take place on April 17, 2014 until

26

Thursday, June 5, 2014 at 9:00 a.m. in the Courtroom of the Honorable Edward M. Chen,

27
28

Stipulation and [Proposed] Order to Continue Case Management Conference
Case No. CV-13-2194-EMC Page 1

1

Courtroom 5 - 17th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102, or to a date

2

convenient to the Court thereafter.

3

SO STIPULATED.

4
5

March 13, 2014
By: /s/ Joseph A. Greco
Joseph A. Greco
Attorney for Respondent
Tres Tech Corporation

6
7
8

[e-mail]
BECK, BISMONTE & FINLEY, LLP

9

11

150 Almaden Blvd., 10th Floor
San Jose, CA 95113
[phone] (Telephone)
[phone] (Fax)

12

Local Counsel for Respondent Tres Tech Corporation

13

ATTORNEYS FOR TRES TECH
CORPORATION, RESPONDENT

14

By: /s/ Howard Wisnia
Howard Wisnia (SBN 184626)
Email: [e-mail]
MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO
P.C.
3580 Carmel Mountain Road, Suite 300
San Diego, CA 92130
Telephone: [phone]
Facsimile: 858 314-1501

15
16
17
18
19
20

ATTORNEYS FOR PETITIONER
CAREFUSION 202, INC.
DISTR

23

ES
AT
T

ICT
C

PURSUANT TO STIPULATION, IT SO ORDERED.

24

VED
APPRO

RT
U
O

S

22

R NIA

21

UNIT
ED

25

28

N

RT

H

ER

Stipulation and [Proposed] Order to Continue Case Management Conference
Case No. CV-13-2194-EMC Page 2

FO

NO

27

_____________________________ . Chen
ward M
The Honorable EdwarddM.Ed
Ju ge Chen
United States District Judge

26

LI

3/13/14

Dated: ______________________

A

CITYVIEW PLAZA

150 ALMADEN BOULEVARD, 10TH FLOOR
SAN JOSE, CALIFORNIA 95113
TELEPHONE [phone]

BECK, BISMONTE & FINLEY, LLP

10

D IS T IC T
R

OF

C

1
2
3
4

ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)
Pursuant to Local Rule 5-1(i)(3) regarding signatures, I attest that the concurrence in the
filing of this document has been obtained from the signatories.
Dated: March 13, 2014

By: /s/ Joseph A. Greco
Joseph A. Greco
Attorney for Respondent
Tres Tech Corporation

5
6
7
8

CERTIFICATE OF SERVICE

9
10

CITYVIEW PLAZA

150 ALMADEN BOULEVARD, 10TH FLOOR
SAN JOSE, CALIFORNIA 95113
TELEPHONE [phone]

BECK, BISMONTE & FINLEY, LLP

11
12
13
14
15

I hereby certify that on January 9, 2014, I electronically filed the foregoing with the Clerk of
the Court using the CM/ECF system, which will automatically send e-mail notification of such filing
to all counsel who have entered an appearance in this action.
Dated: March 13, 2014

By: /s/ Joseph A. Greco
Joseph A. Greco
Attorney for Respondent
Tres Tech Corporation

16
17
18
19
20
21
22
23
24
25
26
27
28

Stipulation and [Proposed] Order to Continue Case Management Conference
Case No. CV-13-2194-EMC Page 3