Martone et al v. Burgess et al

Filing 40

ORDER re 39 granting STIPULATION Extending Deadlines. Signed by Judge Claudia Wilken on 2/24/09. (scc, COURT STAFF) (Filed on 2/24/2009)

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Kevin D. Lally (SBN 095374) Edward Romero (SBN 148495) GREENAN, PEFFER, SALLANDER & LALLY LLP 6111 Bollinger Canyon Road, Suite 500 San Ramon, California 94583 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Mary McNamara (SBN 147131) August Gugelmann (SBN 240544) SWANSON, McNAMARA & HALLER LLP 300 Montgomery Street, Suite 1100 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiffs MASSIMILIANO MARTONE and MARTONE RADIO TECHNOLOGY, INC.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

MASSIMILIANO MARTONE, an individual; ) MARTONE RADIO TECHNOLOGY, INC., a ) Nevada Corporation, ) ) Plaintiffs, ) ) vs. ) ) DAVID BURGESS, an individual; KESTREL ) SIGNAL PROCESSING, INC., a California ) Corporation; RANGE NETWORKS, INC. ) ) Defendants. ) )

Case No. 08-2379 CW

SECOND STIPULATION AND
ORDER GRANTING BRIEF EXTENSIONS ON THE DEADLINES RELATING TO MEDIATION AND ADDITION OF NEW PARTIES

Plaintiffs Massimiliano Martone ("Martone") and Martone Radio Technology, Inc. ("MRT") and Defendants David Burgess ("Burgess"), Kestrel Signal Processing, Inc. (Kestrel") and Range Networks, Inc. ("Range"), (collectively, the "Parties"), by and through their respective attorneys, stipulate and agree as follows:

Stipulation ­ Page 1

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1.

On August 28, 2008, at the first Case Management Conference in this case, the

Court set a series of deadlines for the management of this case. Relevant to this stipulation is the Court's setting of January 30, 2009 as both the deadline to add additional parties and for mediation to have occurred (taking into account the mediator's schedule). Case Management Order, dated September 5, 2008 (Docket No. 18.) 2. Upon stipulation of the parties, on February 2, 2009, the Court ordered that the

time within which to complete mediation and to add additional parties (should mediation fail) be extended to February 27, 2009. 3. On February 17, 2009, the parties submitted to mediation before Judge Edward

Infante (Ret.) of JAMS and discussed a proposed framework for settlement of this case. Final settlement is contingent upon the parties' reaching a definitive written settlement agreement on all specific terms, the details of which remain to be worked out. Accordingly, the parties wish to postpone the deadline to add additional parties until March 18, 2009, a date by which the parties will have concluded a settlement of this matter or will have determined that a settlement is not tenable. It is submitted that such an adjustment to the Court's scheduling order will facilitate the potential settlement of this case and will conserve judicial resources. 4. At this time, the Parties do not seek any change to the remaining deadlines in the

Court's September 5 scheduling order, including, without limitation, the time to assert additional claims against the Parties to the action.

STIPULATED AND AGREED

/s/ Edward Romero Kevin D. Lally (SBN 095374) Edward Romero (SBN 148495) GREENAN, PEFFER, SALLANDER & LALLY, LLP 6111 Bollinger Canyon Road, Suite 500 San Ramon, California Telephone: [phone] Facsimile: [phone] Email: [e-mail]

/s/ Mary McNamara Mary McNamara (SBN 147131) August Gugelmann (SBN 240544) SWANSON, McNAMARA & HALLER LLP 300 Montgomery Street, Suite 1100 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] [e-mail]

Stipulation ­ Page 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: 2/24/09 __________________________ Hon. Claudia Wilken United States District Court /s/ Christopher W. Sweeney Christopher W. Sweeney, Esq. (SBN 143217) Law Offices of Christopher W. Sweeney 1500 Oliver Road, Suite K, PMB 321 Fairfield, California 94533 Telephone: [phone] Facsimile: [phone] [e-mail] ORDER

Stipulation ­ Page 3

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