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

Filing 46

STIPULATION AND ORDER re 45 TO EXTEND ADR DEADLINE filed by Theos Medical Systems, Inc., Saket Bhatia. Signed by Judge Edward M. Chen on 8/8/14. (bpf, COURT STAFF) (Filed on 8/8/2014)

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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

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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(2).wpd

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JOINT STIPULATION AND PROPOSED ORDER TO EXTEND ADR DEADLINE
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, the deadline to complete mediation in this matter is August 26, 2014, pursuant

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to the Court’s June 27, 2014 order;
WHEREAS, the parties were scheduled to participate in mediation with Timothy E. Carr, Esq.

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on August 21, 2014;
WHEREAS, counsel for Defendants, P. Christian Scheley, Esq., is scheduled to begin trial in

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Monterey County Superior Court on August 18, 2014;

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WHEREAS, the parties completed 30(b)6 depositions on July 28, 2014;

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WHEREAS, after the 30(b)(6) depositions were completed, the parties determined that it

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would be beneficial to exchange additional documents relevant to Plaintiff’s lost profits claim prior

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to participating in mediation;
WHEREAS, the parties met and conferred and agreed to continue the mediation to September

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10, 2014;
IT IS HEREBY STIPULATED that the deadline to complete mediation shall be extended to

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September 30, 2014.

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G:\Data\DOCS\0524\04870\Stip&Order-ADR Deadline(2).wpd

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

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IT IS FURTHER STIPULATED that the October 9, 2014 Case Management Conference shall

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remain on calendar as previously scheduled, with an updated joint Case Management Statement to be

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filed on October 2, 2014.

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

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DATED: August 7, 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: August 7, 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: August 7, 2014

/s/ Peter W. Craigie
By:
PETER W. CRAIGIE, ESQ.
Attorneys for Plaintiffs and
Counterdefendants, MALEM MEDICAL,
STRIC
LTD. and ENURESISIASSOCIATES, LLC
ES D
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UNIT
ED

IT IS SO ORDERED.

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. Chen
dward M
Ju ge E
HONORABLEdEDWARD M. CHEN
United States District Judge

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Dated: August ______, 2014

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JOINT STIPULATION AND PROPOSED ORDER TO EXTENDD I DEADLINE O
ADR
S T R I C T3:13-cv-05236-EMC
CASE NO.

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: August 7, 2014

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

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G:\Data\DOCS\0524\04870\Stip&Order-ADR Deadline(2).wpd

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