Martone et al v. Burgess et al

Filing 42

ORDER re 41 granting STIPULATION Continuing Deadline. Signed by Judge Claudia Wilken on 3/18/09. (scc, COURT STAFF) (Filed on 3/18/2009)

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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] 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] Attorneys for Plaintiffs MASSIMILIANO MARTONE and MARTONE RADIO TECHNOLOGY, INC.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MASSIMILIANO MARTONE, and MARTONE RADIO TECHNOLOGY, INC., Plaintiffs, vs. DAVID BURGESS, KESTREL SIGNAL PROCESSING, INC., and RANGE NETWORKS, INC., Defendants. Plaintiffs Massimiliano Martone and Martone Radio Technology, Inc., by and through Mary McNamara and Ed Romero, and defendants David Burgess, Kestrel Signal Processing, Inc., and Range Networks, Inc., by and through Christopher W. Sweeney, hereby stipulate and agree as follows: 1. The Court's September 5, 2008 scheduling order set a deadline of January 30, Case No. C 08-2379 CW THIRD STIPULATION AND ORDER EXTENDING DEADLINE TO ADD NEW PARTIES

2009 for mediation and to add new parties and claims. On February 2, the Court on stipulation of the parties ordered those deadlines extended to February 27. The parties sought extensions to accommodate the schedule of the mediator, Judge Infante, and to allow the parties a reasonable

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time after mediation to determine whether to seek to add new parties to this action. 2. On February 17, the parties engaged in a half-day mediation with Judge Infante

and discussed a framework for resolution of this case. On February 24, again on stipulation of the parties, the Court extended the deadline to add new parties to this action to March 18. 3. Since that time, the parties have been meeting and conferring about settlement

terms according to a scheduled decided upon at mediation. The parties have made substantial progress towards settlement. However, the parties must still resolve complicated licensing issues, among other outstanding issues, before a binding resolution is reached. To allow negotiations to continue, the parties request a deadline of April 15, 2009 as the new date to add new parties. The parties believe that this extension will facilitate settlement 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. IT IS SO STIPULATED. Dated: March 17, 2009 /s/ Mary McNamara SWANSON, McNAMARA & HALLER LLP Attorneys for Plaintiffs MASSIMILIANO MARTONE and MARTONE RADIO TECHNOLOGY, INC. /s/ Christopher W. Sweeney Law Office of Christopher W. Sweeney Attorney for Defendants DAVID BURGESS, KESTREL SIGNAL PROCESSING, INC., and RANGE NETWORKS, INC.

Dated: March 17, 2009

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: 3/18/09 Hon. Claudia Wilken United States District Court

3d Stip. and Order Modifying Schedule Martone et al., v. Burgess, et al., C 08-2379 CW

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