Kreative Power, LLC v. Monoprice, Inc.

Filing 30

ORDER (CORRECTED ORDER CONTINUING MOTION TO 2/27/15) Initial Case Management Conference set for 2/27/2015 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 12/12/14. (tfS, COURT STAFF) (Filed on 12/12/2014)

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OTTO O. LEE, CA Bar No. 173987
[e-mail]
KEVIN VIAU, CA Bar No. 275556
[e-mail]
BONNIE J. WOLF, CA Bar No. 284872
[e-mail]
INTELLECTUAL PROPERTY LAW GROUP LLP
12 South First Street, 12th Floor
San Jose, California 95113
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and
Counter-Defendant KREATIVE POWER, LLC
John B. Sganga, Jr., Bar No. 116,211
[e-mail]
Brian C. Claassen, Bar No. 253,627
[e-mail]
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street
Fourteenth Floor
Irvine, CA 92614
Phone: [phone]
Facsimile: [phone]
Attorneys for Defendant and
Counterclaimant MONOPRICE, INC.

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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 DIVISION

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KREATIVE POWER, LLC,
Plaintiff / Counter-Defendant,

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v.

Case No.: 14-cv-02991-SI
STIPULATION AND [PROPOSED
ORDER] CONTINUING HEARING DATE
ON PLAINTIFF’S MOTION TO AMEND
COMPLAINT AND TO MODIFY
BRIEFING SCHEDULE
AMENDED

MONOPRICE, INC.,

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Defendant / Counter-Claimant.

Stip./Order to Continue Hearing Date & Modify Briefing Schedule

14-CV-02991-SI

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Pursuant to Civ. L. R. 7 and Fed. R. Civ. Proc. 83, Plaintiff KREATIVE POWER, LLC

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(“Plaintiff”) and Defendant/Counterclaimant MONOPRICE, INC. (“Defendant”), by and

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through their respective counsel, stipulate and agree as follows:

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WHEREAS, on December 2, 2014, Plaintiff filed a motion to amend its Complaint (the

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“Motion to Amend”) to remove from the Complaint one of the claims asserted by Plaintiff

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therein (the “Unfair Competition Claim”).

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WHEREAS, counsel for Plaintiff and Defendant have engaged in a meet-and-confer to
try to reach a possible stipulation / request for dismissal of the Unfair Competition Claim and
Defendant’s related counterclaim for declaratory relief, which would moot the Motion to Amend
and streamline both parties’ pleadings.

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Whereas, to afford more time for counsel and the parties to negotiate and memorialize the
terms of the possible stipulated joint dismissals, the parties desire to continue the hearing date on
the Motion to Amend and to modify the attendant briefing schedule, as set forth below.

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THEREFORE, based upon the foregoing recitals, IT IS HEREBY STIPULATED AND

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AGREED by and between the parties to this action acting through their respective counsel-of16
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record listed below as follows:
1.

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The hearing on the Motion to Amend shall be continued from January 23,
2015 to February 13, 2015;

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2.

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The deadline for Defendant’s opposition to the Motion to Amend shall be
continued from December 16, 2014 to January 6, 2015; and

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3.

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The deadline for Plaintiff’s reply to Defendant’s opposition papers shall be
continued from December 23, 2014 to January 13, 2015.

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IT IS SO STIPULATED AND AGREED.

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Pursuant to Civil Local Rule 5-1(i)(3), the filer hereby attests that concurrence in the filing of
this document has been obtained from each signatory below as indicated by “/s/”.
//

Stip./Order to Continue Hearing Date & Modify Briefing Schedule

14-CV-02991-SI

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DATED: December 11, 2014

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INTELLECTUAL PROPERTY LAW GROUP LLP
/s/ Otto O. Lee
Otto O. Lee, Esq.
INTELLECTUAL PROPERTY LAW GROUP LLP
12 South First Street, 12th Floor
San Jose, California 95113
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff/Counter-Defendant
KREATIVE POWER, LLC

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DATED: December 11, 2014

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KNOBBE, MARTENS, OLSON & BEAR, LLP
/s/ John B. Sganga
John B. Sganga, Esq.
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street, 14th Floor
Irvine, CA 92614
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant/Counterclaimant
MONOPRICE, INC.

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: December ___, 2014

_______________________________________
The Honorable Susan Illston
Judge of the U.S. District Court

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The case management conference is continued to 2/27/15, at 2:30 p.m.

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Stip./Order to Continue Hearing Date & Modify Briefing Schedule

14-CV-02991-SI