Wimax Forum v. Yankee Group Research, Inc. et al

Filing 21

STIPULATION AND ORDER: That the Case Management Conference is CONTINUED to 11/4/2009 03:00 PM., via telephone. Signed by Judge Saundra Brown Armstrong, on 9/9/09. (lrc, COURT STAFF) (Filed on 9/10/2009) Modified on 9/11/2009 (jlm, COURT STAFF).

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HARVEY SISKIND LLP D. PETER HARVEY (SBN 55712) Email: [e-mail] MATTHEW A. STRATTON (SBN 254080) Email: [e-mail] Four Embarcadero Center, 39th Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff WIMAX FORUM HANSON BRIDGETT LLP ARMAN JAVID (SBN 191572) Email: [e-mail] 425 Market Street, 26th Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] EDWARDS ANGELL PALMER & DODGE LLP STEVEN M. COWLEY (pro hac vice to be filed) Email: [e-mail] CARRIE WEBB OLSON (pro hac vice to be filed) Email: [e-mail] 111 Huntington Ave Boston, MA 02199 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants YANKEE GROUP RESEARCH, INC., WEINMAN CORPORATION, and ELIOT WEINMAN IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION WIMAX FORUM, a California corporation, Plaintiff, v. YANKEE GROUP RESEARCH, INC., a Delaware corporation, WEINMAN CORPORATION, a Massachusetts corporation, ELIOT WEINMAN, an individual, and Does 125, Defendants. JOINT REQUEST TO RESCHEDULE CASE MANAGEMENT CONFERENCE FOR 30 DAYS AFTER MEDIATION AND OTHER PRETRIAL DEADLINES Case No. 3:09-cv-1623-SBA

JOINT REQUEST TO RESCHEUDLE CASE MANAGEMENT Case No. C 09-1623 SBA CONFERENCE FOR 30 DAYS AFTER MEDIATION AND OTHER PRETRIAL DEADLINES

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The parties hereby submit this Joint Request To Reschedule Case Management Conference For 30 Days After Mediation And Other Pretrial Deadlines. In accordance with the Court's

Scheduling Order, representatives of WiMAX Forum ("Plaintiff") and defendants Yankee Group Research, Inc., Weinman Corporation, and Eliot Weinman ("Defendants") are scheduled to mediate their claims with Anthony M. Keats, Esq. of Keats McFarland & Wilson LLP. The mediation will occur on September 29, 2009 in San Francisco, California. Defendants have informed Plaintiff that if the parties are unable to resolve this dispute at mediation, defendants Eliot Weinman and Weinman Corporation intend to seek dismissal of the action against them for lack of personal jurisdiction. Plaintiff, however, reserves all rights to contest any such jurisdictional challenge. In any case, the parties agree that the mediation may proceed as between Plaintiff and Yankee Group Research, Inc. because they believe a full resolution may be possible. Therefore, the parties hereby request that the Court waive any requirement that Mr. Weinman and Weinman Corporation attend the mediation, provided they are available by telephone during the mediation. In the interest of judicial economy and to conserve the resources of the parties, Plaintiff and Defendants jointly request that the Court reschedule the current September 17, 2009 Case Management Conference for thirty days after the completion of mediation. Accordingly, the parties respectfully request that the Case Management Conference be reset to October 29, 2009, or as soon thereafter as convenient for the Court. It is the hope of the parties that the mediation leads to settlement of the matter and that the Case Management Conference becomes unnecessary. In the event the parties are unable to resolve this dispute at mediation, the parties further agree that Defendants shall respond to the complaint on or before October 6, 2009.

-1JOINT REQUEST TO RESCHEUDLE CASE MANAGEMENT Case No. C 09-1623 SBA CONFERENCE FOR 30 DAYS AFTER MEDIATION AND OTHER PRETRIAL DEADLINES

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Respectfully Submitted,

Dated: September 4, 2009

HARVEY SISKIND LLP D. PETER HARVEY MATTHEW A. STRATTON By: /s/ Matthew A. Stratton

Attorneys for Plaintiff WIMAX FORUM Dated: September 4, 2009 EDWARDS ANGELL PALMER & DODGE LLP STEVEN M. COWLEY CARRIE WEBB OLSON HANSON BRIDGETT LLP ARMAN JAVID By: /s/ Arman Javid

Attorneys for Defendants YANKEE GROUP RESEARCH, INC., WEINMAN CORPORATION, and ELIOT WEINMAN I hereby attest that concurrence in the filing of this document has been obtained from each of the other signatories which shall serve in lieu of their signatures on this document. /s/ Matthew A. Stratton /// /// /// /// ///

-2JOINT REQUEST TO RESCHEUDLE CASE MANAGEMENT Case No. C 09-1623 SBA CONFERENCE FOR 30 DAYS AFTER MEDIATION AND OTHER PRETRIAL DEADLINES

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IT IS HEREBY ORDERED THAT the Case Management Conference currently scheduled for September 17, 2009 shall be CONTINUED November 4th, 2009 at 3:00 PM.

The parties shall meet and confer prior to the conference and shall prepare a joint Case Management Conference Statement which shall be filed no later than ten (10) days prior to the Case Management Conference that complies with the Standing Order For All Judges Of The Northern District Of California and the Standing Order of this Court. Plaintiffs shall be responsible for filing the statement as well as for arranging the conference call. All parties shall be on the line and shall call (510) 6373559 at the above indicated date and time.

Dated: _9/9/09 _____________________________________ The Honorable Saundra Brown Armstrong United States District Judge

-3JOINT REQUEST TO RESCHEUDLE CASE MANAGEMENT Case No. C 09-1623 SBA CONFERENCE FOR 30 DAYS AFTER MEDIATION AND OTHER PRETRIAL DEADLINES