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

Filing 25

STIPULATION AND ORDER: That the Case Management Conference has been CONTINUED to 12/16/2009 02:45 PM., via Telephone. Signed by Judge Saundra Brown Armstrong, on 10/19/09. (lrc, COURT STAFF) (Filed on 10/20/2009) Modified on 10/21/2009 (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) Email: [e-mail] YEWON MIN (SBN 226267) 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 EXTEND DEFENDANTS' TIME TO ANSWER THE COMPLAINT AND RESCHEDULE OTHER PRETRIAL DEADLINES Case No. 3:09-cv-1623-SBA

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The parties hereby submit this Joint Request to Extend Defendants' Time to Answer the Complaint and Reschedule Other Pretrial Deadlines. On September 29, 2009, representatives of WiMAX Forum ("Plaintiff") and defendants Yankee Group Research, Inc., Weinman Corporation, and Eliot Weinman ("Defendants") mediated this matter before Anthony M. Keats, Esq. of Keats McFarland & Wilson LLP. The mediation lasted approximately nine hours. Although significant progress was made, the parties did not reach a settlement. The parties remain committed to trying to settle the matter. To that end, Plaintiff's Board of Directors plans to consider the pending settlement proposal at its meeting scheduled for October 2829, 2009. In the interest of judicial economy and to conserve the resources of the parties, Plaintiff and Defendants jointly request that the Court reschedule the upcoming pretrial deadlines. The parties now jointly request that the following pretrial deadlines be postponed approximately 45 days from the current deadlines:

November 20, 2000: Defendants' deadline to respond to the complaint December 4, 2009: parties' deadline to submit Joint Case Management Statement December 16, 2009 (3:00pm): Case Management Conference

Respectfully submitted,

Dated: October 9, 2009

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

Attorneys for Plaintiff WIMAX FORUM

Dated: October 9, 2009

EDWARDS ANGELL PALMER & DODGE LLP
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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 Dated: 10/19/09

STEVEN M. COWLEY YEWON MIN HANSON BRIDGETT LLP ARMAN JAVID By: /s/ YeWon Min

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 PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT: 1. The Defendant's deadline to respond to the complaint currently scheduled for September 24, 2009, shall be CONTINUED to November 20, 2009; and 2. The Case Management Conference currently scheduled for November 4, 2009, shall be CONTINUED to December 16, 2009, at 2:45 p.m. 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.

_____________________________________ The Honorable Saundra Brown Armstrong United States District Judge

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