Bovino v. Incase Designs Corp

Filing 95

Order by Hon. Vince Chhabria granting 94 Stipulation for Leave to File Early Motion for Summary Judgment.(knm, COURT STAFF) (Filed on 11/6/2014)

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Ronnie Fischer Pro Hac Vice
Marcy Railsback
9720 Wilshire Boulevard, Suite 200
Beverly Hills, CA 90212
Telephone: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff JERALD A. BOVINO

Brian E. Mitchell (SBN 190095)
Marcel F. De Armas (SBN 289282)
Mitchell + Company
4 Embarcadero Center, Suite 1400
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
Attorneys for Defendant INCASE DESIGNS,
CORP

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO
JERALD A. BOVINO,

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Plaintiff,
vs.
INCASE DESIGNS, CORP,

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Defendant.

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INCASE DESIGNS, CORP,

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Counterclaimant,
vs.
JERALD A. BOVINO,
Counter-defendant.

Case No.: 3:14-cv-02105-VC
STIPULATED REQUEST FOR LEAVE TO FILE
EARLY MOTION FOR SUMMARY JUDGMENT

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Pursuant to Civil L.R. 7-12 and the Court’s recommendation at the Case Management
Conference held on October 7, 2014, Plaintiff Jerald A. Bovino (“Plaintiff”) and Defendant Incase
Designs, Corp (“Defendant”) hereby jointly request that the Court to allow Defendant to file an early
Motion for Summary Judgment on Defendant’s defenses to liability and damages based Plaintiff’s
Settlement and License Agreement with Apple, Inc. and Target Corporation (the “License
Agreement”). In support of this request, the parties state the following:
1.

Defendant believes that the terms of the License Agreement provides a license,

covenant not to sue, and release that covers Incase and its products.
2.

At the CMC, Plaintiff’s counsel agreed that if the License Agreement covers the

accused products there is no infringement and no damages.
3.

The Motion for Summary Judgment can be decided on the papers, as it is purely a

matter of contract interpretation.
4.

Accordingly, the parties jointly request that the Court allow Defendant to file an early

Motion no later than January 15, 2015.

Dated: October 29, 2014
By: /s/ Ronnie Fischer_______
Ronnie Fischer

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Attorney for Plaintiff Jerald A. Bovino

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Dated: October 29, 2014

Mitchell + Company
By: /s/ Brian E. Mitchell__________
Brian E. Mitchell
Attorney for Defendant Incase Designs, Corp.

[PROPOSED] ORDER

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Pursuant to stipulation, IT IS SO ORDERED.
November 6
Dated: ___________ __, 2014

______________________________________
Vince Chhabria
UNITED STATES DISTRICT JUDGE

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ATTESTATION

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I, Marcel F. De Armas, am the ECF User whose ID and password are being used to file this

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document. In compliance with Local Rule 5-1(i)(3), I hereby attest that Ronnie Fischer has

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concurred in this filing.

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Dated: October 29, 2014

By:/s/ Marcel F. De Armas
Marcel F. De Armas