Whittlestone, Inc. v. Handi-Craft Company

Filing 154

STIPULATION AND ORDER re 153 STIPULATION WITH PROPOSED ORDER RESETTING DATE FOR HANDI-CRAFT TO FILE OBJECTINS TO WHITTLESTONE'S TRIAL EXHIBITS filed by Whittlestone, Inc., Handi-Craft Company. Signed by Judge ARMSTRONG on 4/4/13. (lrc, COURT STAFF) (Filed on 4/4/2013)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 MARK B. FREDKIN, ESQ. (SBN 53550) WILLIAM SIAMAS, ESQ. (SBN 133111) DAVID A. KAYS, ESQ. (SBN 120798) MORGAN, FRANICH, FREDKIN & MARSH 99 Almaden Boulevard, Suite 1000 San Jose, California 95113-1613 Telephone: (408) 288-8288 Facsimile: (408) 288-8325 Attorneys for Plaintiff/Counter-Defendant WHITTLESTONE, INC. HERZOG CREBS LLP Peter W. Herzog, Pro Hac Vice Michael A. Vitale, Pro Hac Vice 100 North Broadway, 14th Floor St. Louis, MO 63102 Telephone: (314) 231-6700 Facsimile: (314) 231-4656 E-Mail address: pwh@herzogcrebs.com mav@herzogcrebs.com BURNHAM BROWN Dean Pollack State Bar No. 176440 Rohit A. Sabnis, State Bar No. 221465 1901 Harrison Street, 11th Floor Oakland, CA 94612 Telephone: (510) 444-6800 Facsimile: (510) 835-6666 E-Mail address: dpollack@burnhambrown.com rsabnis@burnhambrown.com Attorneys for Defendant/Counter-Claimant HANDI-CRAFT COMPANY 18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA 20 OAKLAND DIVISION 21 22 WHITTLESTONE, INC., a California corporation, Assigned to the Hon. Saundra B. Armstrong, Courtroom 3 Plaintiff, 23 24 No. CV 08-04193 SBA v. 25 HANDI-CRAFT COMPANY, a Missouri corporation, 26 STIPULATION FOR ORDER AND ORDER RESETTING DATE FOR HANDI-CRAFT TO FILE OBJECTIONS TO WHITTLESTONE’S TRIAL EXHIBITS Defendants. 27 28 1 STIPULATION FOR ORDER AND ORDER RESETTING DATE FOR EXCHANGE OF DEMONSTRATIVE EXHIBITS AND FILING OF OBJECTIONS No. CV 08-04193 1 HANDI-CRAFT COMPANY, 2 Counter-Claimant, 3 v. 4 WHITTLESTONE, INC., 5 Counter-Defendant. 6 7 Pursuant to Civil Local Rules 7-1(a)(5) and 7-12 and Federal Rules of Civil Procedure 8 (“FRCivP”) 16(b)(4), Plaintiff Whittlestone, Inc. (“Whittlestone”) and Defendant Handi-Craft 9 Company (“Handi-Craft”), by and through their counsel, hereby stipulate to the following: 10 11 12 WHEREAS, pursuant to the pretrial order the parties’ were required to exchange exhibits on April 2, 2013; WHEREAS, despite timely delivery by Whittlestone to Fedex for an April 2, 2013 13 14 15 delivery of Whittlestone’s trial exhibits to Handi-Craft, Fedex failed to deliver Whittlestone's trial exhibits to Handi-Craft until April 3, 2013; 16 WHEREAS, the current date for filing objections to trial exhibits is April 9, 2013; and 17 WHEREAS, as a result of the Fedex delivery issue, the parties agree that Handi-Craft 18 19 should have an extra day to file its objections to Whittlestone’s trial exhibits; NOW THEREFORE, the parties have agreed to the following resetting of the date for 20 Handi-Craft to file its objections to Whittlestone’s trial exhibits to April 10, 2013. 21 22 23 IT IS SO STIPULATED. Dated: March 28, 2013 MORGAN, FRANICH, FREDKIN & MARSH 24 By: 25 26 /S/ Mark B. Fredkin Mark B. Fredkin Attorneys for Plaintiff WHITTLESTONE, INC. 27 28 2 STIPULATION FOR ORDER AND ORDER RESETTING DATE FOR EXCHANGE OF DEMONSTRATIVE EXHIBITS AND FILING OF OBJECTIONS No. CV 08-04193 1 Dated: March 28, 2013 2 HERZOG CREBS LLP By: 3 4 ___/s/ Michael A. Vitale_____________ MICHAEL A. VITALE Attorneys for Defendant/Counter-Claimant HANDI-CRAFT COMPANY 5 6 ORDER 7 Pursuant to the above Stipulation, the date for Handi-Craft to file its objections to 8 9 10 Whittlestone’s trial exhibits shall now be April 10, 2013. PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: April 4, 2013 11 12 ___________________________________ HON. SAUNDRA B. ARMSTRONG UNITED STATES DISTRICT JUDGE 13 14 15 16 P:\1000\1013\1013-0037\Stipulation.doc 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION FOR ORDER AND ORDER RESETTING DATE FOR EXCHANGE OF DEMONSTRATIVE EXHIBITS AND FILING OF OBJECTIONS No. CV 08-04193

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