Yost et al v. Black & Decker (US), Inc. et al

Filing 50

STIPULATION AND ORDER re 48 MOTION for Summary ADJUDICATION filed by Arthur R. Yost, Jr. Signed by Judge Jon S. Tigar on September 29, 2015. (wsn, COURT STAFF) (Filed on 9/29/2015)

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1 2 3 4 5 6 7 8 9 10 11 Joseph W. Carcione, Jr., Esq. (State Bar No. 56693) Joshua S. Markowitz, Esq. (State Bar No. 224256) CARCIONE, CATTERMOLE, DOLINSKI, STUCKY, MARKOWITZ & CARCIONE, L.L.P. 1300 S. El Camino Real, Suite 300 San Mateo, CA 94402 Telephone: (650) 367-6811 Facsimile: (650) 367-0367 Aaron B. Markowitz, Esq. (Cal. SBN 220694) MARKOWITZ LAW GROUP 501 Stockton Ave, Ste. 105 San Jose, CA 95126 Telephone: (408) 642-5937 Facsimile: (408) 516-9576 Attorneys for Plaintiffs 15 THOMAS R. BEER (SBN 148175) PETER J. FELSENFELD (SBN 260433) HINSHAW & CULBERTSON LLP One California Street, 18th Floor San Francisco, CA 94111 Telephone: 415-362-6000 Facsimile: 415-834-9070 16 Attorneys for Defendants RÖHM GmbH; RÖHM PRODUCTS OF AMERICA 12 13 14 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA 19 SAN FRANCISCO DIVISION 20 21 22 ARTHUR R. YOST, JR.; ERIKA YOST; and ENERGY CONCEPTS, INC., Plaintiff, 23 24 25 26 27 28 vs. RÖHM GmbH; RÖHM PRODUCTS OF AMERICA; and DOES 3 to 10, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 13-CV-05203-JST JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE RÖHM ENTITIES’ MOTION FOR SUMMARY ADJUDICATION HEARING DATE AND OPPOSITION AND REPLY DEADLINES First Amended Complaint Filed: June 17, 2014 Date: October 22, 2015 Time: 2:00 P.M. Courtroom 9, 19th Floor 1 JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE Case No. 13-CV-05203-JST 1 THE PARTIES STIPULATE AND AGREE AS FOLLOWS: 2 The present hearing date on Röhm’s motion for adjudication, presently set for October 22, 3 2015 at 2:00 P.M. in Courtroom 9 will be continued to December 3, 2015 at 2:00 p.m. in Courtroom 4 9. 5 6 7 8 Plaintiffs’ opposition to the motion, presently due on September 29, 2015, will be due on November 10, 2015. Röhm’s reply to the opposition, presently due on October 6, 2015, will be due on November 17, 2015. 9 The statutory deadline to file and hear dispositive motions in this case will be continued until 10 after the hearing on Röhm’s motion for adjudiciation, or the new date of December 3, 2015, 11 presently requested. 12 IT IS SO STIPULATED AND AGREED. 13 14 Dated: September 29, 2015 MARKOWITZ LAW GROUP 15 16 17 18 By: /s/ Aaron Markowitz Attorneys for Plaintiffs Dated: September 29, 2015 HINSHAW & CULBERTSON LLP By: /s/ Thomas R. Beer Attorneys for Defendants 19 20 21 FILER’S ATTESTATION 22 I, Aaron B. Markowitz, Esq., am the ECF user whose identification and password are being 23 used to file this Joint Stipulation and [Proposed] Order to Continue Hearing Date. In compliance 24 with Local Rule 5-1(i)(3), I hereby attest that all party signatories hereto concur in this filing. 25 26 //s// Aaron Markowitz [Name] 27 28 2 JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE Case No. 13-CV-05203-JST 1 2 [PROPOSED] ORDER CONTINUING HEARING DATE AND RESPONSE DEADLINES Based on the stipulation of the parties, and finding good cause for this order, the Court finds 3 as follows: 4 5 Defendants Röhm’s motion for adjudication, presently set for October 22, 2015 at 2:00 P.M. December 1, 2015 in Courtroom 9 will be continued to December 3, 2015 at 2:00 p.m. in Courtroom 9. 6 Plaintiffs’ opposition to the motion, presently due on September 29, 2015, will be due on 7 8 9 November 10, 2015. Röhm’s reply to the opposition, presently due on October 6, 2015, will be due on November 17, 2015. 10 The statutory deadline to file and hear dispositive motions in this case will be continued until 11 after the hearing on Röhm’s motion for adjudiciation, or the new date of December 3, 2015, 12 presently requested. 13 ED AS NO 18 RT 19 nS J u d ge J o ER H 20 21 R NIA RDER ____________________________________ IS SO O FIED IT Hon. Jon S. Tigar, District Court Judge MODI . Ti ga r FO 17 September 29, 2015 Dated: _________________ A 16 LI 15 RT U O S IT IS SO ORDERED. UNIT ED 14 S DISTRICT TE C TA N F D IS T IC T O R C 22 23 24 25 26 27 28 3 JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE Case No. 13-CV-05203-JST

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