CareFusion 202, Inc. v. Tres Tech Corporation

Filing 51

STIPULATION AND ORDER re 50 STIPULATION WITH PROPOSED ORDER Third Stipulation and [Proposed] Order To Continue Case Management Conference [Civil L.R. 6-2, 7-12] filed by CareFusion 202, Inc. Case Management Statement due by 8/28/2014. Initial Case Management Conference set for 9/4/2014 09:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 5/27/14. (bpf, COURT STAFF) (Filed on 5/27/2014)

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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.

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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
Joseph A. Greco (Cal. Bar No. 104476)
Kimberly P. Zapata, Esq. (Cal. Bar No. 138291)
Beck, Bismonte & Finley, LLP
CityView Plaza
150 Almaden Boulevard, 10th Floor
San Jose, CA 95113
Tel: [phone] / Fax: [phone]
[e-mail]
[e-mail]
Local Counsel for Respondent Tres Tech Corporation

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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CAREFUSION 202, INC.,

Case No. 13-CV-02194-EMC

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Petitioner,

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v.
TRES TECH CORPORATION,
Respondent.

THIRD STIPULATION AND
[PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT
CONFERENCE
[CIVIL L.R. 6-2, 7-12]
The Honorable Edward M. Chen
United States District Judge
Current CMC Date: June 5, 2014
Requested CMC Date: August 7, 2014

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THIRD STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC [CIVIL L.R. 6-2, 7-12]
Case No. 13-CV-02194-EMC

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This case presently is scheduled for a Case Management Conference on Thursday, June 5,

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2014. The Joint Case Management Conference Statement is due on May 29, 2014. The parties

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respectfully request that the Court continue the Case Management Conference until Thursday,

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August 7, 2014 at 9:00 a.m. or to a date convenient to the Court thereafter for the following reasons:

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1.

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

favor of Respondent Tres Tech Corporation (“Tres Tech”).
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On August 2, 2013, the Court stayed this action pending resolution of related

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litigation over the same Award taking place in the Northern District of Texas, Dallas Division

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(“Texas Court”). ECF 43.

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3.

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

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Award, which the arbitration panel did, and the parties to the Texas action have completed briefing

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on whether the Award will be confirmed or vacated. That matter is now under submission to the

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Texas Court and the parties to that action do not know when the Texas Court will issue its ruling.

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4.

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

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

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

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is completed on the motions in the Texas Action and the parties thereto are awaiting a hearing date

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and/or an order from the Texas Court.

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5.

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

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2013 to February 6, 2014. ECF 44. The Court has previously extended the CMC to April 17, 2014

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at the parties’ request for substantially the same reasons as set forth above. ECF 47. The Court

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then extended the CMC to the present date of June 5, 2014 at the parties’ request for substantially

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the same reasons as set forth above. ECF 49.

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

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continue the Case Management Conference currently scheduled to take place on June 5, 2014 until

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Thursday, August 7, 2014 at 9:00 a.m. in the Courtroom of the Honorable Edward M. Chen,

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

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-1THIRD STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC [CIVIL L.R. 6-2, 7-12]
Case No. 13-CV-02194-EMC

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convenient to the Court thereafter.

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SO STIPULATED.

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Dated: May 22, 2014

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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

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ATTORNEYS FOR PETITIONER
CAREFUSION 202, INC.

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By: /s/ Joseph A. Greco
Joseph A. Greco

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

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

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ATTORNEYS FOR TRES TECH
CORPORATION, RESPONDENT

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PURSUANT TO STIPULATION, IT SO ORDERED. The CMC is reset for
9/4/14 at 9:30 a.m. A joint
CMC statement shall be filed
DISTRIC
ES
T C by 8/28/14.
5/27/14
AT
Dated:
T
The Honorable Edward M. Chen
United States District Judge

UNIT
ED

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-2THIRD STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC [CIVIL L.R. 6-2, 7-12]
Case No. 13-CV-02194-EMC

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ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)

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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: May 22, 2014

By: /s/ Howard N. Wisnia
Howard N. Wisnia
Attorney for Petitioner
CAREFUSION 202, INC.

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CERTIFICATE OF SERVICE

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I hereby certify that on May 22, 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: May 22, 2014

By: /s/ Howard N. Wisnia
Howard N. Wisnia
Attorney for Petitioner
CAREFUSION 202, INC.

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-3THIRD STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC [CIVIL L.R. 6-2, 7-12]
Case No. 13-CV-02194-EMC