Kentwool Company v. NetSuite Inc

Filing 72

STIPULATION AND ORDER re 71 STIPULATION and Proposed Order Selecting Mediation by Kentwool Company; -Stipulation for and [Proposed] Order Extending Time to Complete Mediation filed by Kentwool Company. Signed by Judge Jon S. Tigar on June 2, 2015. (wsn, COURT STAFF) (Filed on 6/2/2015)

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HAYNSWORTH, SINKLER BOYD, P.A.
CHRISTOPHER B. MAJOR, ESQ. (Pro Hac Vice)
BONNIE A. LYNCH, ESQ. (Pro Hac Vice)
One North Main, 2nd Floor
Greenville, SC 29601-2119
Telephone: [phone]
Facsimile: 864-240-3300

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DILLINGHAM & MURPHY, LLP
WILLIAM F. MURPHY, ESQ. (SBN 82482)
TAYLOR F. FORD, ESQ. (SBN 297014)
601 California Street, Suite 1900
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff KENTWOOL COMPANY
GATTEY LAW OFFICE
SCOTT GATTEY, Esq. (SBN 180875)
1001 Laurel Street, Suite C
San Carlos, CA 94070
Telephone: [phone]
Facsimile: 877-269-4437

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Attorneys for Defendant NETSUITE INC.
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UNITED STATES DISTRICT COURT

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NOTHERN DISTRICT OF CALIFORNIA

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KENTWOOL COMPANY,
Plaintiff,

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v.

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NETSUITE INC.,

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Case No. 14-cv-05264-JST
STIPULATION FOR AND
[PROPOSED] ORDER EXTENDING
TIME TO COMPLETE MEDIATION
ADR Local Rule 6-5

Defendants.

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Pursuant to Rule 6-5 of the ADR Local Rule for the United States District Court for the

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Northern District of California, Plaintiff KENTWOOL COMPANY (“Kentwool”) and

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defendant NETSUITE INC. (“NetSuite”), by and through their counsel of record, hereby

Page 1 – Case No. 14-cv-05264-JST

STIP/ORDER RE: MEDIATION (ADR LR 6-5)

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stipulate that the Court may enter an order extending the parties’ time to complete mediation

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with the Court’s ADR Unit from July 27, 2015 to August 20, 2015. Entering the requested

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order will not change or affect any other dates set by the Court in this action.

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Pursuant to ADL Local Rule 6-5(b)(1), there is good cause for the entry of the requested

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order, for the following reasons. The appointed mediator, Daniel Bowling, Esq., and the parties

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conducted a pre-mediation telephone conference pursuant to ADR Local Rule 6-6 on May 26,

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2015. The parties and the mediator selected several alternative dates for the upcoming

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mediation, consistent with the dates available for counsel and the representative of defendant

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NetSuite, subject to Plaintiff Kentwool determining the availability of its representative, the

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Company’s Chief Executive Officer, at the mediation. The tentative dates selected were also

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impacted by the necessity of completing certain limited discovery prior to the mediation, and

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by the mediator’s scheduled travel plans. After all these matters were taken into account, the

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only date available for all counsel, the mediator, and the clients among the several tentative

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dates turned out to be August 19, 2015.

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All parties concur in this request to extend the mediation deadline to August 20, 2015.

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The parties accordingly are proceeding via a stipulation as opposed to a noticed motion. ADR

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Local Rule 6-5(b)(2). A proposed Order accompanies this stipulation. ADR Local Rule 6-

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5(b)(3).

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For the foregoing reasons, Counsel for Kentwool and counsel for NetSuite jointly ask

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the Court to extend the deadline for completing mediation in this action to and including

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August 20, 2015, by entering the requested order, submitted herewith.

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Dated: May 29, 2015

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DILLINGHAM & MURPHY, LLP
WILLIAM M. MURPHY, ESQ.
TAYLOR F. FORD, ESQ.

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By: ____/s/ William F. Murphy_____________
Attorneys for Plaintiff Kentwool Company

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Dated: May 29, 2015

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GATTEY LAW OFFICE
SCOTT GATTEY, ESQ.
By: _____/s/ Scott Gattey___________________
Attorneys for Defendant NetSuite Inc.

Page 2 – Case No. 14-cv-05264-JST

STIP/ORDER RE: MEDIATION (ADR LR 6-5)

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ORDER

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The Court, having reviewed for preceding Stipulation, and good cause appearing,
hereby ORDERS that pursuant to Rule 6-5 of the ADR Rules for the United States District
Court for the Northern District of California, the deadline for the parties to complete
mediation is extended to and including August 20, 2015

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June 2
Dated: ___________________, 2015.

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UNITED STATES DISTRICT JUDGE

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Page 3 – Case No. 14-cv-05264-JST

STIP/ORDER RE: MEDIATION (ADR LR 6-5)