Abstrax, Inc. v. Sun Microsystems, Inc.

Filing 212

STIPULATION AND ORDER TO RESCHEDULE THE DEADLINE FOR MEDIATION re 211 Stipulation filed by Sun Microsystems, Inc. Signed by Judge Phyllis J. Hamilton on 9/1/10. (nah, COURT STAFF) (Filed on 9/1/2010)

Abstrax, Inc. v. Sun Microsystems, Inc.

Doc. 212

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Gregory S. Dovel (State Bar No. 135387) [e-mail] Jeff Eichmann (State Bar No. 227472) [e-mail] DOVEL & LUNER, LLP 201 Santa Monica Blvd., Suite 600 Santa Monica, California 90401 [phone] [phone] fax Attorneys for Plaintiff Abstrax, Inc.

Stephanie Wood (SBN 242572) [e-mail] NOVAK DRUCE + QUIGG LLP 555 Mission Street Thirty-Fourth Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Thomas M. Dunham (Pro Hac Vice) [e-mail] J. Michael Woods (Pro Hac Vice) [e-mail] NOVAK DRUCE + QUIGG LLP 300 New Jersey Avenue Fifth Floor Washington, DC 20001 Tel: [phone] Fax: [phone] Attorneys for Defendant Sun Microsystems, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ABSTRAX INC., Plaintiff, vs. SUN MICROSYSTEMS, INC., Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 4:09-CV-5243-PJH STIPULATED REQUEST TO RESCHEDULE THE DEADLINE FOR MEDIATION AND [PROPOSED] ORDER Judge: Hon. Phyllis J. Hamilton

Pursuant to Civil L.R. 6-2, Defendant Sun Microsystems, Inc. ("Sun") respectfully requests that the Court reschedule the deadline for the parties to conduct mediation to October 29, 2010. Plaintiff Abstrax, Inc. ("Abstrax") stipulates to this request.
CIVIL ACTION NO.: 4:09-CV-5243-PJH STIPULATED REQUEST TO RESCHEDULE THE DEADLINE FOR MEDIATION AND [PROPOSED] ORDER

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Dockets.Justia.com

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In Pretrial Order No. 1, the Court specified that mediation "should take place within 30 days of the Court's ruling on the discovery-related motions." See Pretrial Order No. 1, Doc. No. 190. On August 3, 2010, the Court ruled on these discovery-related motions and granted Abstrax's motion to compel production from Sun. See Order re Discovery Motions, Doc. No. 207. In light of the Court's order, the parties are now conducting additional discovery related to Sun's CDT software tool including, an inspection of source code, document production, and depositions. However, the parties do not foresee completing this additional discovery prior to the Court's current deadline for mediation. The parties strongly believe that any mediation would be much more effective if the parties complete this additional discovery prior to the mediation. Thus, Sun requests that the Court reschedule the deadline for conducting mediation to October 29, 2010.

Dated: September 1, 2010

By: /s/ Stephanie Wood Stephanie Wood NOVAK DRUCE + QUIGG LLP Attorney for Defendant SUN MICROSYSTEMS, INC.

By: /s/ John Jeffrey Eichmann John Jeffrey Eichmann DOVEL & LUNER, LLP Attorney for Plaintiff ABSTRAX, INC. .

CIVIL ACTION NO.: 4:09-CV-5243-PJH STIPULATED REQUEST TO RESCHEDULE THE DEADLINE FOR MEDIATION AND [PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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September 1 Dated: _____________, 2010

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CIVIL ACTION NO.: 4:09-CV-5243-PJH STIPULATED REQUEST TO RESCHEDULE THE DEADLINE FOR MEDIATION AND [PROPOSED] ORDER

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CERTIFICATION BY STEPHANIE WOOD PURSUANT TO GENERAL RULE. NO. 45, SECTION X, RE E-FILING ON BEHALF OF MULTIPLE SIGNATORIES 1. I am an attorney licensed to practice law in the state of California, and an associate in the

law firm of Novak Druce + Quigg LLP, counsel for defendant Sun Microsystems, Inc. The statements herein are made on my personal knowledge and if called as a witness I could and would testify thereto. 2. The above e-filed document contains multiple signatures. I declare that concurrence has

been obtained from each of the other signatories to file this jointly prepared document with the Court. Pursuant to General Rule No. 45, I shall maintain records to support this concurrence for subsequent production for the Court if so ordered, or for inspection upon request by a party until one year after final resolution of the action (including appeal, if any).

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 1st day of September, 2010, at San Francisco, California.

/s/ Stephanie Wood

Stephanie Wood

CIVIL ACTION NO.: 4:09-CV-5243-PJH STIPULATED REQUEST TO RESCHEDULE THE DEADLINE FOR MEDIATION AND [PROPOSED] ORDER

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