Bovino v. Incase Designs Corp

Filing 83

Order by Hon. Vince Chhabria granting 82 Stipulation Extending the Deadline for Mediation.(knm, COURT STAFF) (Filed on 9/12/2014)

1 Ronnie Fischer Pro Hac Vice
Marcy Railsback
2 9720 Wilshire Boulevard, Suite 200
Beverly Hills, CA 90212
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Telephone: [phone]
4 [e-mail]
[e-mail]
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Attorneys for Plaintiff JERALD A. BOVINO
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Brian E. Mitchell (SBN 190095)
Marcel F. De Armas (SBN 289282)
Mitchell + Company
4 Embarcadero Center, Suite 1400
San Francisco, California 94111
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant
INCASE DESIGNS, CORP

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JERALD A. BOVINO,
v.

Plaintiff,

16 INCASE DESIGNS, CORP,
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Case No.: 3:14-cv-02105-VC
JOINT STIPULATION TO EXTEND THE
DEADLINE FOR MEDIATION
AND ORDER

Defendant.

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JOINT STIPULATION TO EXTEND THE DEADLINE FOR MEDIATION
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Pursuant to ADR L.R. 6-5(a) and Civil L.R. 6-2 and 7-1(a)(2), Plaintiff Jerald A. Bovino

2 (“Plaintiff”) and Defendant Incase Designs, Corp (“Defendant”) hereby jointly request that the
3 Court extend the mediation deadline from November 11, 2014 to 60 days after the Court issues its
4 Claim Construction Order. In support of this request, the parties state the following:
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1.

This Court has not entered a Scheduling Order in this case. A Case Management

6 Conference is scheduled for October 7, 2014. (Dkt. No. 81.)
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2.

The Court has appointed Shirish Gupta as the mediator for this case, and a

8 mediation deadline has been set for November 11, 2014. The parties’ counsel and Mr. Gupta
9 conducted a pre-mediation telephone conference, pursuant to ADR L.R. 6-6.

However, the

10 mediation is not yet scheduled.
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3.

Incase believes that the prospects for settlement will be dictated by this Court’s

12 claim construction ruling, that settlement prior to claim construction is unlikely, and as such
13 mediating before claim construction would not be a good use of the parties’ time or ADR
14 resources. As such, Incase has proposed that the parties mediate 60 days after the Court issues its
15 Claim Construction Order.
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Accordingly, the parties jointly request that the Court extend the mediation

17 deadline from November 11, 2014 to 60 days after the Court issues its Claim Construction Order.
18 The parties further request that the Court maintain the present Case Management Conference date
19 on October 7, 2014.
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Pursuant to ADR L.R. 6-5(a), this Stipulation is being served on Mr. Gupta. Mr.

21 Gupta has indicated that he will apprise the ADR Unit regarding this Stipulation.
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23 Dated: September 10, 2014

Respectfully submitted,

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/s/ Marcel F. De Armas
Marcel F. De Armas

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Brian E. Mitchell
Marcel F. De Armas
MITCHELL + COMPANY
4 Embarcadero Center, Suite 1400
JOINT STIPULATION TO EXTEND THE DEADLINE FOR MEDIATION
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San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Attorney for Defendant
INCASE DESIGNS, CORP
BY: /S/ RONNIE FISCHER_______
Ronnie Fischer
Attorney for Plaintiff JERALD A. BOVINO

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10 PURSUANT TO STIPULATION, IT IS SO ORDERED
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September 12, 2014
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Date
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______________________________
Honorable Vince Chhabria

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JOINT STIPULATION TO EXTEND THE DEADLINE FOR MEDIATION
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ATTESTATION
I, Marcel F. De Armas, am the ECF User whose ID and password are being used to file

3 this document. In compliance with Local Rule 5-1(i)(3), I hereby attest that Ronnie Fischer has
4 concurred in this filing.
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6 Dated: September 10, 2014
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By:/s/ Marcel F. De Armas
Marcel F. De Armas

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JOINT STIPULATION TO EXTEND THE DEADLINE FOR MEDIATION
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