American Piledriving Equipment, Inc. v. Bay Machinery Corporation

Filing 67

STIPULATION AND ORDER REGARDING MOTION FOR SUMMARY JUDGMENT re 64 Stipulation filed by Bay Machinery Corporation. Signed by Judge Phyllis J. Hamilton on 10/15/09. (nah, COURT STAFF) (Filed on 10/16/2009)

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Ina D. Chang, California Bar No. 240784 [e-mail] Mia O. Solvesson, California Bar No. 246291 [e-mail] SHOOK, HARDY & BACON L.L.P. 333 Bush Street, Suite 600 San Francisco, California 94104-2828 Telephone: [phone] Facsimile: 415.391.0281 Peter C. Knops, Admitted Pro Hac Vice [e-mail] Kenneth P. Kula, Admitted Pro Hac Vice [e-mail] SHOOK, HARDY & BACON L.L.P. 255 Grand Boulevard Kansas City, Missouri 64108 Telephone: [phone] Facsimile: 816.421.5547 Attorneys for Defendant BAY MACHINERY CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION AMERICAN PILEDRIVING EQUIPMENT, INC., Plaintiff, v. BAY MACHINERY CORPORATION, Defendant. Case No. 4:08-cv-1934-PJH STIPULATION AND [PROPOSED] ORDER REGARDING MOTION FOR SUMMARY JUDGMENT

Plaintiff American Piledriving Equipment, Inc., ("Plaintiff") and Defendant Bay Machinery Corporation, ("Defendant") (collectively the "Parties"), through their undersigned counsel of record, hereby agree and stipulate as follows: 1. The September 23, 2009 hearing date for Defendant's Motion for Summary Judgment

currently set for 9 a.m. before the Court is continued to December 9, 2009 so that Plaintiff can file its

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STIPULATION AND [PROPOSED] ORDER CASE NO. 4:08-CV-1934-PJH

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own Motion for Summary Judgment and both Parties' Motions for Summary Judgment may be heard by the Court at that time. 2. The Parties agree to move forward with the October 28, 2009 deposition of Defendant

Bay Machinery so it may be completed prior to Plaintiff's filing a Motion for Summary Judgment. 3. Plaintiff will file any Motion for Summary Judgment by November 4, 2009 so the

Court can hear both motions, if such a motion is filed, at the December 9, 2009 hearing date. 4. If, as a result of the Defendant Bay Machinery deposition, there is evidence which

Plaintiff would like to use to support its Summary Judgment Motion, Plaintiff may add such evidence to said motion so long as it is done within a week of Plaintiff's receipt of the Bay Machinery's deposition transcript. 5. Pursuant to Local Rule 7-3, any opposition(s) to the Motion(s) for Summary

Judgment will be due November 18, 2009, and any response(s) to an opposition to the Motion(s) for Summary Judgment will be due November 25, 2009. STIPULATED TO BY: Dated: September 18, 2009 MADSON IP By:_____/s/ Craig J. Madson_______________ CRAIG J. MADSON Attorneys for Plaintiff AMERICAN PILEDRIVING EQUIPMENT, INC. Dated: September 18, 2009 SHOOK, HARDY & BACON L.L.P. By:____/s/ Kenneth Kula KENNETH KULA Attorneys for Defendant BAY MACHINERY CORPORATION

PURSUANT TO STIPULATION, IT IS SO ORDERED:
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10/15/09 Dated: _________________

IT IS _______________________________ Honorable Judge Phyllis Hamiltonton amil
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