Tethys Bioscience Inc v. Mintz Levin Cohn Ferris Glovsky and Popeo PC et al

Filing 57

ORDER Granting 56 Stipulation TO EXTEND STAY OF PROCEEDINGS. Signed by Judge Claudia Wilken on 3/16/2011. (ndr, COURT STAFF) (Filed on 3/16/2011)

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KEKER & VAN NEST LLP ELLIOT R. PETERS - #158708 [e-mail] STEVEN K. TAYLOR - #204668 [e-mail] JENNIFER A. HUBER - #250143 [e-mail] 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C., and IVOR R. ELRIFI

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

TETHYS BIOSCIENCE, INC., Plaintiff, v. MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C., IVOR R. ELRIFI, and DOES 1 through 100, Defendants.

Case No. CV-09-05115 CW STIPULATION AND ORDER TO EXTEND STAY OF PROCEEDINGS Dept: Judge: Courtroom 2, 4th Floor Hon. Claudia Wilken August 28, 2009 October 17, 2011

Date Comp. Filed: Trial Date:

(Removed from Alameda County Superior Court, Case No. RG09471347)

547783.02

STIPULATION AND [PROPOSED] ORDER TO EXTEND STAY OF PROCEEDINGS CASE NO. CV-09-05115 CW

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This Stipulation is made pursuant to Local Rule 6-2 by and between Plaintiff Tethys Biosciences, Inc. ("Tethys"), and Defendants Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C. and Ivor R. Elrifi (collectively, "Mintz Levin") through their respective attorneys. Tethys and Mintz Levin (collectively, the "parties") stipulate that: 1. On January 19, 2011, the Court granted a sixty-day stay of all discovery and other

litigation activity pending the parties' execution of a final settlement agreement. 2. agreement. 3. While the parties have narrowed their disputes, they have been unable to reach a Since that time, the parties have worked diligently to execute a final settlement

final settlement agreement. 4. The parties have engaged Roderick Thompson, who conducted an Early Neutral

Evaluation Session in this matter, to resolve the parties' limited outstanding disputes through mediation and arbitration. 5. The mediation and arbitration session before Mr. Thompson is scheduled for

March 31, 2011. 6. Scheduling conflicts prevented the parties and Mr. Thompson from scheduling the

mediation and arbitration session at an earlier date. 7. 8. The sixty-day stay in this matter is set to expire on March 21, 2011. In order to conserve the parties' and the Court's resources, the parties believe that

an additional 30-day extension of the stay of all discovery and other litigation activity is appropriate pending execution of a final settlement agreement. 9. If the parties are unable to execute a final settlement agreement within the thirty

(30) day-extension, they will contact the Court with proposed case management deadlines. 10. The only prior modification of the deadlines set forth in the Court's July 27, 2010

Case Management Order is the above-referenced January 19, 2011 Order granting the parties' request for a 60-day stay. WHEREFORE, the parties stipulate and respectfully request that this Court enter the attached [Proposed] Order staying all proceedings in this action until April 21, 2011, to provide 1

547783.02

STIPULATION AND [PROPOSED] ORDER TO EXTEND STAY OF PROCEEDINGS CASE NO. CV-09-05115 CW

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the parties the opportunity to complete a final settlement agreement.

Dated: March 15, 2011

KEKER & VAN NEST LLP

By: /s/ Steven K. Taylor ELLIOT R. PETERS STEVEN K. TAYLOR Attorneys for Defendants MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C., and IVOR R. ELRIFI Dated: March 15, 2011 TURNER BOYD LLP

By: /s/ Julie S. Turner JULIE S. TURNER KAREN I. BOYD Attorneys for Plaintiff TETHYS BIOSCIENCE, INC.

ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Steven K. Taylor, am the ECF user whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER VACATING TRIAL DATE AND STAYING PROCEEDINGS. In compliance with General Order 45, X.B., I hereby attest that the following attorneys have concurred in this filing: Julie S. Turner, Turner Boyd, LLP, Counsel for Plaintiff Tethys Bioscience, Inc.

/s/ Steven K. Taylor Steven K. Taylor

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547783.02

STIPULATION AND [PROPOSED] ORDER TO EXTEND STAY OF PROCEEDINGS CASE NO. CV-09-05115 CW

1 ORDER 2 PURSUANT TO STIPULATION, IT IS HEREBY ORDERED: 3 All proceedings in this action, including discovery, shall be stayed for an additional thirty 4 (30) days, or until April 21, 2011 pending the parties' execution of a final settlement agreement. 5 6 IT IS SO ORDERED. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
547783.02

Dated: March 16, 2011 ______________________________________ HON. CLAUDIA WILKEN UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STIPULATION AND [PROPOSED] ORDER TO EXTEND STAY OF PROCEEDINGS CASE NO. CV-09-05115 CW