Martin et al v. Geltech Solutions, Inc. et al

Filing 27

ORDER re 26 granting STIPULATION Changing Time of Briefing Schedule for Summary Judgment of Infringement of Federally Registered Trademark. Signed by Judge Claudia Wilken on 12/29/09. (scc, COURT STAFF) (Filed on 12/29/2009)

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EDWARD F. McHALE (FL SBN190300) McHALE & SLAVIN, P.A. 2855 PGA Boulevard Palm Beach Gardens, FL 33410 Telephone: [phone] Fax: [phone] Email: [e-mail] DAVID Z. RIBAKOFF (CA SBN 162925) THE PHAN LAW GROUP A Professional Law Corporation 6080 Center Drive, Suite 610 Los Angeles, CA 90045 Telephone: [phone] Fax: [phone] Email: [e-mail] Attorneys for Defendant GelTech Solutions, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

SUSAN P. MARTIN and DAVID E. NEAL, Plaintiffs,

Case No. C09-04884 CW

STIPULATION AND ORDER CHANGING TIME OF BRIEFING SCHEDULE ON GELTECH SOLUTIONS, INC. and ROOTGEL PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT; SUPPORTING DECLARATION WEST OF EDWARD F. McHALE Defendants. [Civil L.R. 6-2] V.

STIPULATION

Plaintiffs Susan P. Martin and David E. Neal and Defendant GelTech Solutions, Inc. ("Defendant"), by and through their respective counsel of record, hereby stipulate pursuant to Civil L.R. 6-2 for a an order changing the briefing schedule on Plaintiffs' Motion for Summary Judgment, filed by Plaintiff on December 11, 2009 (the "Motion"), as follows: Opposition to the Motion shall be

STIPULATION FOR EXTENSION OF TIME RE BRIEFING ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

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: December 29, 2009 _________________________________ UNITED STATES DISTRICT JUDGE PURSUANT TO STIPULATION, IT IS SO ORDERED. ORDER By: /s/ Edward McHale______________________ Edward McHale Attorneys for Defendant GelTech Solutions, Inc. Dated: December 29, 2009 By: /s/ Michael James Cronen______________ Michael James Cronen Attorneys for Plaintiffs Susan P. Martin and David E. Neal McHALE & SLAVIN, P.A. Dated: December 29, 2009 ZIMMERMAN & CRONEN, LLP IS SO STIPULATED. filed and served on or before January 7, 2010. Any reply in support of the Motion shall be filed and served on or before January 14, 2010. This Stipulation is supported by the accompanying Declaration of Edward F. McHale, submitted in compliance with Civil L.R. 6-2(a).

STIPULATION FOR EXTENSION OF TIME RE BRIEFING ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

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DECLARATION OF EDWARD F. McHALE

I, EDWARD F. McHALE, declare as follows: I make this Declaration in connection with the parties' Stipulation and [Proposed]

Order Changing Time of Briefing Schedule on Plaintiff's Motion for Summary Judgment, pursuant to Civil L.R. 6-2(a). 2. I am lead counsel for GelTech Solutions, Inc. in the declaratory judgment action

which has been filed in the Southern District of Florida in the case of GelTech Solutions, Inc. v. Marteal, Ltd., d/b/a Dyna-Gro Nutrition Solutions, Case No. 09-CV-81027-MARRA/JOHNSON, and will be responsible for assembling necessary affidavits and writing the Opposition Memorandum for provision to California counsel David Ribakoff, in the case pending before this court. 3. Though the Plaintiff's Motion for Summary Judgment was filed on December 11,

2009, I first viewed the Motion on December 16, 2009, due to the fact that I was out of the office and out-of-town when the Motion was filed. On December 17, 2009, this court set a deadline for the filing of the Defendant's Response to the Motion for Summary Judgment for Thursday, December 31, 2009. 4. I thereafter contacted the president of the Defendant, GelTech Solutions, Inc.

regarding his and other employees' availability during the Christmas holidays for the preparation of needed employee Declarations, and participation in preparing the Defendant's Opposition to the Motion. Because of the Christmas holidays, scheduling meetings for developing the Defendant's Response and work on opposing the Motion has been somewhat affected. 5. My law firm will be closed on December 24th, 25th, 31st, and January 1st, which

shortens my secretary's availability for typing the Declarations and Opposition to the Motion and

STIPULATION FOR EXTENSION OF TIME RE BRIEFING ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

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assistance in assembling exhibits. Additionally, the Nova University Law Library where I do the bulk of my legal research will be closed from December 24th thru January 3rd. 6. On December 23, 2009, I spoke with Counsel for the Plaintiff, Michael James

Cronen, regarding a Stipulation for a one-week extension of time for the briefing deadlines set by the Court. Mr. Cronen agreed to this extension and authorized me to execute the foregoing stipulation on his behalf. 7. Pursuant to Civil L.R. 6-2(a)(2), the only previous time modification in this case was

a one-week stipulated extension for Defendant GelTech to move, answer or otherwise respond to the Complaint, which was filed on November 30, 2009. 8. Pursuant to Civil L.R. 6-2(a)(3), the foregoing stipulated extension of time would

have no effect on the schedule for the case.

I declare under the law of perjury under the laws of the United States of America that the foregoing is true and correct. Executed at Palm Beach Gardens, Florida, this 23rd day of December, 2009.

_________________________________ Edward F. McHale

STIPULATION FOR EXTENSION OF TIME RE BRIEFING ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

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CERTIFICATE OF SERVICE BY ECF FILING

I, DAVID Z. RIBAKOFF, certify that: I am a citizen of the United States, over the age of eighteen years, and not a party to this action. My business address is 6080 Center Drive, Suite 610, Los Angeles, CA 90045. On December 16, 2009, I electronically filed STIPULATION AND [PROPOSED] ORDER CHANGING TIME OF BRIEFING SCHEDULE ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; SUPPORTING DECLARATION OF EDWARD F. McHALE with the Clerk of the courts by using the ECF system which will send a notice of electronic filing to the following: Michael James Cronen, Esq. Zimmerman & Cronen 1330 Broadway Avenue Suite 710 Oakland, CA 04612-2506 Telephone: [phone] Facsimile: 510-465-2041 E-Mail: [e-mail] Attorneys for Plaintiffs

I declare under penalty of perjury that the foregoing is true and correct. Executed this 23rd day of December, 2009, at Los Angeles, California.

/s/ David Z. Ribakoff David Z. Ribakoff

STIPULATION FOR EXTENSION OF TIME RE BRIEFING ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT