San Francisco Technology Inc. v. The Brita Products Company

Filing 21

STIPULATION AND ORDER VACATING CASE MANAGEMENT CONFERENCE AND SETTING BRIEFING SCHEDULE FOR MOTION TO DISMISS AS MODIFIED BY THE COURT re 20 Stipulation filed by The Brita Products Company. Signed by Judge Phyllis J. Hamilton on 3/28/11. (nah, COURT STAFF) (Filed on 3/28/2011)

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Kathryn G. Spelman, Esq. (Cal. Bar No. 154512) Daniel H. Fingerman, Esq. (Cal. Bar No. 229683) Mount, Spelman & Fingerman, P.C. RiverPark Tower, Suite 1650 333 West San Carlos Street San Jose CA 95110-2740 Phone: [phone] Fax: [phone] Email: [e-mail], [e-mail] Counsel for San Francisco Technology Inc.

ANDREW VALENTINE, Bar No. 162094 [e-mail] ALAN A. LIMBACH, Bar No. 173059 [e-mail] ERIK R. FUEHRER, Bar No. 252578 [e-mail] DLA PIPER LLP (US) 2000 University Avenue East Palo Alto, CA 94303-2214 Tel: [phone] Fax: [phone] Attorneys for Defendant THE BRITA PRODUCTS COMPANY

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DLA P IPER LLP (US)
EAST PALO ALTO

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SAN FRANCISCO TECHNOLOGY, INC., Plaintiff, v. THE BRITA PRODUCTS COMPANY, Defendant. CASE NO. 5:10-cv-01648-PJH STIPULATION TO EXTEND DATE FOR CASE MANAGEMENT HEARING AND [PROPOSED] ORDER AS MODIFIED BY THE COURT

-1STIPULATION TO EXTEND DATE FOR CASE MANAGEMENT HEARING AND [PROPOSED] ORDER; CASE NO. 5:10-CV-01648-PJH

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DLA P IPER LLP (US)
EAST PALO ALTO

Plaintiff San Francisco Technology Inc. ("SF Tech") and defendant The Brita Products Company ("Brita"), hereby submit this Stipulation and [Proposed] Order to extend the date for the case management hearing in this action. The Parties stipulate as follows: 1. A case management conference (CMC) in this case is currently set for March 31,

2011 at 1:00 p.m. 2. Andrew Valentine, lead trial counsel for Brita, is working on an international pro

bono project in Namibia drafting a legal manual for use by legal professionals and paralegals (www.NewPerimeter.com). On short notice (the need to travel only came up in that last several days), Mr. Valentine is required to travel to Namibia beginning March 28, 2011. 3. Mr. Valentine has reached out to counsel for SF Tech concerning this issue and

(subject to the Court's approval) the parties have agreed to extend the time for the CMC. 4. Because of the nature of the case, and in the interest of preventing delay and in an

effort to comply with the Court's rules, the parties have agreed upon the following schedule in the interim: Date April 14, 2011 April 25, 2011 June 1, 2011 June 8, 2011 July 6, 2011 at 9:00 a.m. June 22, 2011, 2:00 p.m. (if the Court's schedule permits) 5. Event Deadline for parties to serve initial disclosures Deadline for Brita to file its renewed motions to dismiss Deadline for SF Tech to file its oppositions to Brita's renewed motions to dismiss Deadline for Brita to file reply briefs in support of its renewed motions to dismiss Hearing on Brita's renewed motions to dismiss

The parties are aware that the Court is not available to hold a CMC until May 2011

and request that the Court reschedule the CMC in this action for the next available date. If the Court agrees, the parties also believe that the CMC could be held at the same time as the hearing on Brita's motions to dismiss. 6. Mr. Valentine also has discussed this issue with counsel for Just Intellectuals,

PLLC in the related case titled Just Intellectuals, PLLC v. The Clorox Company, Case No. 4:10cv-05739 and is seeking a similar stipulation in that case. -2STIPULATION TO EXTEND DATE FOR CASE MANAGEMENT HEARING AND [PROPOSED] ORDER; CASE NO. 5:10-CV-01648-PJH

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DLA P IPER LLP (US)
EAST PALO ALTO

7.

If the CMC proceeds on March 31, 2011 as currently scheduled, Alan Limbach

and Erik Fuehrer would attend for Brita. Both Mr. Limbach and Mr. Fuehrer have authority from Brita to agree to a schedule, are very familiar with false marking cases, and have a working relationship with plaintiff's counsel. In accordance with General Order 45.X.B., Erik R. Fuehrer, counsel for The Brita Product Company, attests that each other signatory listed below has concurred in this filing. IT IS SO STIPULATED. Dated: March 25, 2011 DLA PIPER LLP (US) By /s/ Andrew Valentine ANDREW P. VALENTINE ALAN LIMBACH ERIK R. FUEHRER DLA PIPER LLP (US) 2000 University Avenue East Palo Alto, CA 94303-2214 Tel: [phone] Fax: [phone] Attorneys for Defendant, THE BRITA PRODUCTS COMPANY Dated: March 25, 2011 MOUNT, SPELMAN & FINGERMAN, P.C. By /s/ Daniel Fingerman KATHRYN G. SPELMAN DANIEL H. FINGERMAN RiverPark Tower, Suite 1650 333 West San Carlos Street San Jose, CA 95110-2740 Tel: [phone] Fax: [phone] Attorneys for Plaintiff SAN FRANCISCO TECHNOLOGY, INC.

-3STIPULATION TO EXTEND DATE FOR CASE MANAGEMENT HEARING AND [PROPOSED] ORDER; CASE NO. 5:10-CV-01648-PJH

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The case management conference is VACATED and will be rescheduled after the ruling on the motion to dismiss. The hearing on the motion to dismiss will be held on July 6, 2011 at 9:00 a.m. 3/28/11 Date: _________________________ _________________________________________

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ISTRIC ES D TC TPhyllis J. Hamilton, U.S. District Judge Honorable TA

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