Martone et al v. Burgess et al

Filing 46

ORDER re 45 granting Fifth Stipulation Extending Deadline to Add New Parties. Signed by Judge Claudia Wilken on 5/5/09. (scc, COURT STAFF) (Filed on 5/5/2009)

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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 FIFTH STIPULATION AND ORDER EXTENDING DEADLINE TO ADD 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 - 1

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1.

Since mediating this case with Judge Edward Infante of JAMS in February, 2009,

the parties have been in ongoing settlement negotiations and are making progress towards a final resolution of the case. Pursuant to stipulated order, the current deadline for the addition of new parties in this matter is May 1, 2009. The parties now request a further extension of that deadline to June 1, 2009 in order to allow for continuing negotiation of a potential resolution of the matter. 2. The basis of this request is as follows: The parties have been negotiating in good

faith since the mediation with Judge Infante and are making positive progress towards a resolution via settlement of the case. A primary reason for the delay in reaching the final resolution is due to the fact that one of the many deal points that the parties are working on involves a complex licensing issue that involves a third party which is not involved in the current lawsuit. The parties have contacted this third party in order to explore resolution of this issue. Accordingly, to allow additional time to explore resolution, the parties request a deadline of June 1, 2009 as the new date to add new parties. The parties believe that this extension will facilitate settlement and will conserve judicial resources. 3. 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. If a settlement cannot be finalized by June 1, 2009, the ///

Stipulation - 2

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parties will request appropriate modifications to the remaining deadlines in the Court's September 5 scheduling order.

IT IS SO STIPULATED. /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] Email: [e-mail]

/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 PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: 5/5/09 __________________________ Hon. Claudia Wilken United States District Court

Stipulation - 3