Alexx, Inc. v. Triple C Designs, Inc.

Filing 23

ORDER GRANTING 22 Stipulation REQUESTING A SETTLEMENT CONFERENCE BEFORE A MAGISTRATE JUDGE (OR JUDGE) IN ACCORDANCE WITH CIVIL LOCAL RULE 7. ORDER REFERRING CASE to Magistrate Judge for Settlement. Signed by Judge Claudia Wilken on 12/23/2010. (ndr, COURT STAFF) (Filed on 12/23/2010)

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

Arthur S. Beeman (State Bar No. 237996) [e-mail] Brett A. Lovejoy (State Bar No. 212942) [e-mail] JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff ALEXX, INC. Gina A. Bibby (State Bar No. 242657) [e-mail] FOLEY & LARDNER LLP 975 Page Mill Road Palo Alto, CA 94304-1013 Telephone: [phone] Facsimile: [phone] Steven J. Rizzi (Pro Hac Vice) [e-mail] FOLEY & LARDNER LLP 90 Park Avenue New York, NY 10016-1314 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant TRIPLE C DESIGNS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ALEXX, INC., a California corporation, Plaintiff, v. TRIPLE C DESIGNS, INC. and DOES 1-20, Inclusive Defendants. ) ) ) ) ) ) ) ) ) ) ) CASE NO: CV 10-3946 CW JOINT STIPULATION AND ORDER REQUESTING A SETTLEMENT CONFERENCE BEFORE A MAGISTRATE JUDGE (OR JUDGE) IN ACCORDANCE WITH CIVIL LOCAL RULE 7 JUDGE: HON. CLAUDIA WILKEN

JOINT STIPULATION AND [PROPOSED] ORDER REQUESTING SETTLEMENT CONFERENCE CASE NO. CV 10-3946 CW

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

Pursuant to ADR Local Rule 7-3, plaintiff Alexx, Inc. ("Alexx") and defendant Triple C Designs, Inc. ("Triple C"), hereby jointly request a settlement conference before a magistrate judge (or judge) in accordance with Civil Local Rule 7. The parties participated in an ADR Phone Conference with ADR Program Staff Attorney Robin W. Siefkin on December 21, 2010.

Background and Procedural History
This is an action for patent infringement that was filed on September 2, 2010. The two related patents at issue are not complex and relate to a device called a "key locator" for holding keys on the edge of a purse or other bag so that they may be readily located. Shortly after the case was filed, defendant's counsel contacted plaintiff's counsel and informed him that Triple C had stopped selling the accused product before the case was filed. The parties then actively engaged (through counsel) in settlement discussions. Substantial progress was made toward settlement based on information provided by Triple C to Alexx's counsel. Unfortunately, an impasse was reached in November 2010. The parties' undersigned counsel continue to believe that a prompt settlement is possible, and seek to use the Court-sponsored ADR process toward achieving that end. In particular, on November 22, 2010, the parties filed a joint stipulation to postpone the initial Case Management Conference ("CMC") until after completion of the Court-sponsored ADR process. On November 23, 2010, the Court continued the CMC to February 22, 2011.

Joint Request for Settlement Conference
ADR Local Rule 7-3 provides that "[f]or cases assigned to the ADR Multi-Option program, at any time after the ADR phone conference, a party may file with the assigned judge a request for a settlement conference, pursuant to Civil L.R. 7." The ADR phone conference was held on December 21, 2010. The parties continue to agree that a settlement conference with a judicial officer presents the best possibility for overcoming the impasse reached in the parties' settlement discussions, and achieving a prompt settlement. Moreover, in view of the discussions that have already taken place, and the relative simplicity of the subject matter and remaining issues, the parties believe that commitment of a small amount of time by a judicial officer will materially advance this case towards settlement. -1CERTIFICATE OF CONCURRENCE CASE NO. CV 10-3946 CW

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

In view of the foregoing, the parties respectfully request that the Court order a settlement conference with a magistrate judge (or judge) to occur at the earliest possible date, and in advance of the initial CMC (currently set for February 22, 2011).

PURSUANT TO STIPULATION, IT IS SO ORDERED that the parties' request for a settlement conference with a magistrate judge in accordance with Civil Local Rule 7 is hereby GRANTED. The settlement conference shall be scheduled as soon as is convenient to the assigned Magistrate Judge's calendar.

Dated this 23rd day of December, 2010.

Honorable Claudia Wilken United States District Judge

-2JOINT STIPULATION AND [PROPOSED] ORDER REQUESTING SETTLEMENT CONFERENCE CASE NO. CV 10-3946 CW

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

Submitted by:

Dated: December 22, 2010

FOLEY & LARDNER LLP By: /s/ Steven J. Rizzi Steven J. Rizzi Gina A. Bibby Attorneys for Defendant Triple C Designs, Inc.

Dated: December 22, 2010

JONES DAY By: /s/ Brett A. Lovejoy Brett A. Lovejoy Attorneys for Plaintiff Alexx Inc.

-3JOINT STIPULATION AND [PROPOSED] ORDER REQUESTING SETTLEMENT CONFERENCE CASE NO. CV 10-3946 CW

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

CERTIFICATION OF CONCURRENCE I hereby attest that concurrence in the filing of this document has been obtained from counsel for plaintiff, Brett A. Lovejoy. Dated: December 22, 2010 FOLEY & LARDNER LLP By: /s/ Gina A. Bibby Steven J. Rizzi Gina A. Bibby Attorneys for Defendant Triple C Designs, Inc.

CERTIFICATE OF CONCURRENCE CASE NO. CV 10-3946 CW
NYC_1011891.1