Malem Medical, LTD. et al v. Theos Medical Systems, Inc. et al

Filing 39

STIPULATION AND ORDER EXTENDING ADR DEADLINE AND RESETTING CMC re 38 Stipulation filed by Theos Medical Systems, Inc., Saket Bhatia Case Management Statement due by 10/2/2014. Further Case Management Conference set for 10/9/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 6/27/14. (bpf, COURT STAFF) (Filed on 6/27/2014)

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P. CHRISTIAN SCHELEY, ESQ. BAR#: 125493
CLAPP, MORONEY, BELLAGAMBA,
VUCINICH, BEEMAN and SCHELEY
A PROFESSIONAL CORPORATION
1111 Bayhill Drive, Suite 300
San Bruno, California 94066
Tel: [phone] Fax: [phone]
Email: [e-mail]

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ANDREW F. BRIMMER, ESQ. BAR#: 179146
DAWN NEWTON, ESQ. BAR#: 209002
DONAHUE FITZGERALD LLP
1999 Harrison Street, 25th Floor
Oakland, California 94612
Tel: [phone] Fax: [phone]
Email: [e-mail]

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Attorneys for Defendants and Counter-claimants,
THEOS MEDICAL SYSTEMS, INC. and SAKET BHATIA

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PETER W. CRAIGIE, ESQ. BAR#: 99509
CRAIGIE, McCARTHY & CLOW
540 Pacific Avenue
San Francisco, California 94133
Tel: [phone] Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiffs and Counter-defendants,
MALEM MEDICAL, LTD. and ENURESIS ASSOCIATES, LLC

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MALEM MEDICAL, LTD. and ENURESIS
ASSOCIATES, LLC,

CASE NO.: 3:13-cv-05236-EMC

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Plaintiffs,

JOINT STIPULATION AND PROPOSED
ORDER TO EXTEND ADR DEADLINE
AND TO CONTINUE CASE
MANAGEMENT CONFERENCE

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v.
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THEOS MEDICAL SYSTEMS, INC. and
SAKET BHATIA,

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Defendants.

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AND RELATED COUNTERCLAIMS
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G:\Data\DOCS\0524\04870\Stip&Order-ADR Deadline.wpd

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JOINT STIPULATION AND PROPOSED ORDER TO EXTEND ADR DEADLINE AND TO CONTINUE
CASE MANAGEMENT CONFERENCE; CASE NO. 3:13-cv-05236-EMC

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Plaintiffs and Counter-defendants MALEM MEDICAL, LTD. and ENURESIS ASSOCIATES,

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LLC and Defendants and Counter-claimants THEOS MEDICAL SYSTEMS, INC. and SAKET

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BHATIA (collectively, “the parties”), jointly submit this Joint Stipulation and Proposed Order to

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Extend ADR Deadline.
WHEREAS, on February 27, 2014, the Court referred this matter to mediation, to be

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completed within 120 days;

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WHEREAS, a further Case Management Conference was set for July 31, 2014;

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WHEREAS, new defense counsel appeared in this matter on April 24, 2014;

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WHEREAS, on April 30, 2014, the parties submitted the names of their proposed mediators

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to the ADR Clerk;
WHEREAS, on May 8, 2014, the ADR Clerk appointed Timothy E. Carr, Esq. as mediator in

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this matter;

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WHEREAS, counsel for the parties participated in a telephone conference with Mr. Carr on

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May 29, 2014, during which it was decided that due to calendaring issues and the need to complete

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30(b)6 depositions, the mediation deadline should be continued for approximately 60 days;
WHEREAS, the counsel for the parties have met and conferred and agree that 30(b)(6)

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depositions will be completed by July 31, 2014;
WHEREAS, counsel for the parties have met and conferred and agree that mediation will take

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place on August 21, 2014;
IT IS HEREBY STIPULATED that the deadline to complete mediation shall be extended by

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60 days, to August 26, 2014.

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G:\Data\DOCS\0524\04870\Stip&Order-ADR Deadline.wpd

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JOINT STIPULATION AND PROPOSED ORDER TO EXTEND ADR DEADLINE AND TO CONTINUE
CASE MANAGEMENT CONFERENCE; CASE NO. 3:13-cv-05236-EMC

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IT IS FURTHER STIPULATED that the July 31, 2014 Case Management Conference shall
be continued by 60 days, to the next date available on the Court’s calendar.

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IT IS SO STIPULATED.
CLAPP, MORONEY, BELLAGAMBA,
VUCINICH, BEEMAN and SCHELEY

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DATED: June 23, 2014

/s/ P. Christian Scheley
By:
P. CHRISTIAN SCHELEY, ESQ.
Attorneys for Defendants and
Counterclaimants, THEOS MEDICAL
SYSTEMS, INC. and SAKET BHATIA

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DONAHUE FITZGERALD LLP
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DATED: June 23, 2014

/s/ Andrew F. Brimmer
By:
ANDREW F. BRIMMER, ESQ.
Attorneys for Defendants and
Counterclaimants, THEOS MEDICAL
SYSTEMS, INC. and SAKET BHATIA

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CRAIGIE, McCARTHY & CLOW
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DATED: June 23, 2014

/s/ Peter W. Craigie
By:
PETER W. CRAIGIE, ESQ.
Attorneys for Plaintiffs and
Counterdefendants, MALEM MEDICAL,
LTD. and ENURESIS ASSOCIATES, LLC

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IT IS SO ORDERED.

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The further CMC is reset from 7/31/14 to 10/9/14 at
10:30 a.m. An update joint CMC statement shall be filed by
10/2/14.

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S
UNIT
ED

Dated: June ______, 2014

RT
U
O

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G:\Data\DOCS\0524\04870\Stip&Order-ADR Deadline.wpd

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O
IT IS S
DIFIED
AS MO

hen

R NIA

HONORABLE EDWARD M. CHEN
E
United States District JudgeD
ORDER

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NO

C
JOINT STIPULATION AND PROPOSED ORDER TO EXTEND ADR DEADLINE. AND TO CONTINUE
ard M
dge Edw
u
CASE MANAGEMENT CONFERENCE; CASEJNO. 3:13-cv-05236-EMC

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FO

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S DISTRICT
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TA

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LI

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CERTIFICATION OF CONCURRENCE FROM ALL SIGNATORIES

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I, P. Christian Scheley, Esq., am the ECF user whose ID and password are being used to file

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this Joint Stipulation and Proposed Order to Extend ADR Deadline. In compliance with N.D. Cal.

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Civ. L.R. 5-1(i)(3), I hereby attest that I have obtained the concurrence of each signatory to this

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document.

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Dated: June 23, 2014

/s/ P. Christian Scheley
P. CHRISTIAN SCHELEY, ESQ.

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G:\Data\DOCS\0524\04870\Stip&Order-ADR Deadline.wpd

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JOINT STIPULATION AND PROPOSED ORDER TO EXTEND ADR DEADLINE AND TO CONTINUE
CASE MANAGEMENT CONFERENCE; CASE NO. 3:13-cv-05236-EMC