Genmark Automation, Inc. v. Innovative Robotics Systems, Inc.

Filing 128

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 127 Stipulation, filed by Genmark Automation, Inc., Innovative Robotics Systems, Inc. Joint Case Management Statement due by 12/30/2010. Further Case Management Conference set for 1/6/2011 02:00 PM. Signed by Judge Phyllis J. Hamilton on 11/29/10. (nah, COURT STAFF) (Filed on 11/29/2010)

Genmark Automation, Inc. v. Innovative Robotics Systems, Inc.

Doc. 128

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McPHARLIN SPRINKLES & THOMAS LLP Robert E. Camors, Jr., CA Bar No. 121204
[e-mail]

160 W. Santa Clara St., Suite 400 San Jose, CA 95113 Telephone: [phone] Facsimile: 408.293.1999

Attorneys for Plaintiff and Counterdefendant GENMARK AUTOMATION, INC. WILSON SONSINI GOODRICH & ROSATI JAMES C. YOON, CA Bar No. 177155
[e-mail]

650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant INNOVATIVE ROBOTICS SYSTEMS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION GENMARK AUTOMATION, INC., a California corporation, Plaintiff, Counterdefendant, v. CASE NO. 05-cv-04707 PJH STIPULATION FOR ORDER CONTINUING CASE MANAGEMENT CONFERENCE FOR 30 DAYS

INNOVATIVE ROBOTICS SYSTEMS, INC., Local Rules 6-2 and 7-12 a California corporation, Hon. Phyllis J. Hamilton Defendant, Counterclaimant.

Plaintiff, Genmark Automation, Inc. ("Genmark") and Defendant, Innovative Robotics Systems, Inc., ("IRSI") (Genmark and IRSI are collectively "the Parties") hereby stipulate and agree to seek an order continuing the Case Management Conference which has been set by the Court to occur on December 2, 2010 by the Court's Order dated October 19, 2010 (Docket Item No. 126). The facts supporting this Stipulation are in the Declaration of James C. Yoon filed herewith and which is Exhibit A hereto ("Yoon Decl.").
STIPULATION FOR ORDER CONTINUING CASE MANAGEMENT CONFERENCE FOR 30 DAYS CASE NO. 05-CV-04707 PJH
Dockets.Justia.com

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Plaintiff and Defendant request the continuation of this case management conference in order to have additional time to pursue settlement discussions and to prepare settlement documentation. See Yoon Decl. ¶ 3. Settlement work has progressed since the filing of the last stipulated request for an order continuing the case management conference on October 14, 2010. During the last month, the Parties have met and conferred frequently regarding settlement, and have come to agreement on most material terms. They are now in the process of finalizing settlement documents. See Yoon Decl. ¶ 3. The Parties request a further thirty day extension or continuation of the case management conference to facilitate their efforts to resolve this case without additional litigation. See Yoon Decl. ¶ 3. WHEREFORE, Plaintiff, Genmark Automation, Inc., and Defendant, Innovative Robotics, Inc., stipulate and agree that the Case Management Conference should be continued to a date that is at least 30 days after December 2, 2010, which will allow the Parties an additional 39 days to seek a final settlement of the case. The case management conference is continued to January 6, 2011 at 2:00 p.m. Respectfully Submitted, Dated: November 23, 2010 McPharlin Sprinkles & Thomas LLP By: /s/ Robert E. Camors, Jr. Robert E. Camors, Jr. Attorneys for Plaintiff Genmark Automation, Inc.

Dated: November 23, 2010

Wilson Sonsini Goodrich & Rosati By: /s/ James C. Yoon James C. Yoon Attorneys for Defendant Innovative Robotics Systems, Inc.

-2STIPULATION FOR ORDER CONTINUING CASE MANAGEMENT CONFERENCE FOR 30 DAYS CASE NO. 05-CV-04707 PJH

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PURSUANT TO STIPULATION, IT IS SO ORDERED

Dated: November 29

, 2010

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CERTIFICATE OF CONFERENCE I hereby certify that counsel for Plaintiff and Defendant conferred on the 23rd day of November, 2010, and that this stipulation was signed by the attorneys whose names appear above. Dated: November 23, 2010 /s/ James C. Yoon James C. Yoon Attorneys for Defendant Innovative Robotics Systems, Inc.

-4STIPULATION FOR ORDER CONTINUING CASE MANAGEMENT CONFERENCE FOR 30 DAYS CASE NO. 05-CV-04707 PJH

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CERTIFICATE OF SERVICE

I hereby certify that on this 23rd day of November, 2010, a copy of the foregoing was filed electronically through the Court's CM/ECF system, with notice of case activity automatically generated and sent electronically to all parties. /s/ James C. Yoon James C. Yoon

CERTIFICATE OF SERVICE CASE NO. 05-CV-04707 PJH

Exhibit A

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WILSON SONSINI GOODRICH & ROSATI JAMES C. YOON, CA Bar No. 177155
[e-mail]

650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant INNOVATIVE ROBOTICS SYSTEMS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION GENMARK AUTOMATION, INC., a California corporation, Plaintiff, Counterdefendant, CASE NO. 05-cv-04707 PJH

DECLARATION OF JAMES C. YOON IN SUPPORT OF STIPULATION FOR v. ORDER CONTINUING CASE MANAGEMENT CONFERENCE FOR 30 INNOVATIVE ROBOTICS SYSTEMS, INC., DAYS a California corporation, Defendant, Counterclaimant.

YOON DECLARATION IN SUPPORT OF STIPULATION FOR ORDER CONTINUING CMC CASE NO. 05-CV-04707 PJH

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I, James C. Yoon, Jr., declare: 1. I am counsel of record for defendant Innovative Robotics Systems, Inc. ("IRSI").

I have personal knowledge of the matters stated herein and, if called as a witness, I could and would testify competently thereto. 2. I make this declaration in support of the Stipulation for Order Continuing Case

Management Conference for 30 Days, which is concurrently being filed herewith. 3. Since the filing of the Stipulation for Order Continuing Case Management

Conference on October 14, 2010, and the Court's order of October 19, 2010 continuing the Case Management Conference to December 2, 2010, the parties have met and conferred frequently to discuss the material terms of the settlement agreement. The parties have now come to agreement as to most material terms, and are in the process of finalizing the settlement documents. In view of the fact that active settlement negotiations are still occurring, Mr. Robert Camors, counsel of record for plaintiff Genmark, and I think that it continues to be in the interests of justice, especially as between these two parties, to seek an order from the Court to defer the Courtordered December 2, 2010 Case Management Conference for another thirty days. We are of the view that this settlement process is still continuing to move forward. In the past, there have been three continuances sought and granted for this Case Management Conference. The case has been on Court-ordered stay commencing on November 3, 2006 until the present. The case was filed on November 16, 2005. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct and that his declaration was signed in Palo Alto, California Dated: November 23, 2010 /s/ James C. Yoon James C. Yoon

YOON DECLARATION IN SUPPORT OF STIPULATION FOR ORDER CONTINUING CMC CASE NO. 05-CV-04707 PJH