Freeman v. Delta Air Lines Inc

Filing 23

ORDER granting 20 STIPULATION to Continue Case Management Conference. Case Management Statement due by 1/17/2014. Initial Case Management Conference set for 1/24/2014 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Signed by Judge JEFFREY S. WHITE on 12/4/13. (jjoS, COURT STAFF) (Filed on 12/5/2013) Modified on 12/5/2013 (jjoS, COURT STAFF).

Case3:13-cv-04179-JSW Document20 Filed12/03/13 Page1 of 4

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David H.S. Commins (CSBN 124205)
Kit L. Knudsen (CSBN 154714)
COMMINS & KNUDSEN, P.C.
400 Montgomery Street, Suite 200
San Francisco, CA 94104
Tel [phone]
Fax [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
and Counter-claimant
Delta Air Lines, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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COMMINS & KNUDSEN

PROFESSIONAL CORPORATION
ATTORNEYS AT LAW

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ALBERT JOHN FREEMAN,

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CASE NO: 13-cv-04179-JSW

Plaintiff,

JOINT STIPULATION AND
[PROPOSED] ORDER TO CONTINUE
CASE MANAGEMENT CONFERENCE

vs.
DELTA AIR LINES, INC.,
Defendant.
/

Judge:

Hon. Jeffrey S. White
Courtroom 11. 19th Floor

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JOINT STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT CONFERENCE

Case3:13-cv-04179-JSW Document20 Filed12/03/13 Page2 of 4

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JOINT STIPULATION

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WHEREAS, on September 23, 2013, the Court issued an Order Setting Case

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Management Conference and Requiring Joint Case Management Conference Statement (Dkt. 8),

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setting the Case Management Conference for December 13, 2013 at 1:30 p.m. in Courtroom 11,

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19th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco, California;

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WHEREAS Due to a number of outstanding issues, Delta and Plaintiff believe

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that an adjournment of several weeks would be beneficial to achieving a more productive result

opened settlement discussions with Plaintiff’s counsel. Unfortunately, because Plaintiff’s

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COMMINS & KNUDSEN

at the eventual Case Management Conference. The reason for the request is that Delta has

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PROFESSIONAL CORPORATION
ATTORNEYS AT LAW

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principal has been out of the Country, Plaintiff’s counsel has not been able to provide Delta with

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a comprehensive explanation of its infringement claims or relief sought. Accordingly, Delta is

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unable to determine if an early settlement is feasible or what type of schedule would be optimal

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under the facts of this case.

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IT IS HEREBY STIPULATED and agreed that, to ensure that the Case

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Management Conference is as efficacious as possible, the parties request that the Court continue

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the December 13, 2013 Case Management Conference until at least the latter part of January

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2014. This continuance would provide the parties with sufficient time to fully engage in

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settlement discussions, and position the case for either amicable resolution or a more efficient

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litigation.

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JOINT STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT CONFERENCE

Case3:13-cv-04179-JSW Document20 Filed12/03/13 Page3 of 4

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IT IS SO STIPULATED

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DATED: December 3, 2013.

COMMINS & KNUDSEN, P.C.

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By: /s/ David H. S. Commins
David H.S. Commins
Attorneys for Defendant
and Counter-claimant
Delta Air Lines, Inc.

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DATED: December 3, 2013.

JOHN W. CARPENTER
By: /s/ John W. Carpenter
John W. Carpenter
Attorney for Plaintiff
Albert John Freeman

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COMMINS & KNUDSEN

PROFESSIONAL CORPORATION
ATTORNEYS AT LAW

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JOINT STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT CONFERENCE

Case3:13-cv-04179-JSW Document20 Filed12/03/13 Page4 of 4

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ATTORNEY ATTESTATION
As required by General Order 45, I attest under penalty of perjury that

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concurrence in the filing of this document has been obtained from the signatories indicated by a

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conformed signature (/s/) within this e-filed document.

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/s/ David H.S. Commins
David H.S. Commins

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION AND GOOD CAUSE SHOWN, the parties'
joint request is GRANTED and the December 13, 2013, Case Management Conference is
January 24
continued and shall be held on ______________________, 2014.

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IT IS SO ORDERED.
COMMINS & KNUDSEN

PROFESSIONAL CORPORATION
ATTORNEYS AT LAW

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Dated: December _____, 2013.
The Honorable Jeffrey S. White
United States District Judge

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JOINT STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT CONFERENCE