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

Filing 34

ORDER Granting 32 Stipulation TO CHANGE TIME PURSUANT TO CIVIL LOCAL RULE 6-2. Case Management Statement due by 5/17/2011. Case Management Conference set for 5/24/2011 02:00 PM. Signed by Judge Claudia Wilken on 3/31/2011. (ndr, COURT STAFF) (Filed on 3/31/2011)

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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 STIPULATION AND ORDER TO CHANGE TIME PURSUANT TO CIVIL LOCAL RULE 6-2 [DECLARATION OF STEVEN J. RIZZI FILED CONCURRENTLY HEREWITH] JUDGE: HON. CLAUDIA WILKEN

STIPULATION AND [PROPOSED] TO CHANGE TIME PURSUANT TO CIVIL L.R. 6-2 CASE NO. CV 10-3946 CW

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IT IS HEREBY STIPULATED by and between Plaintiff Alexx, Inc. ("Alexx") and Defendant Triple C Designs, Inc. ("Triple C"), by and through their counsel of record as follows: WHEREAS, the initial Case Management Conference is currently set for April 5, 2011; WHEREAS, on February 7, 2011, the parties attended a Settlement Conference before Magistrate Judge Ryu, but were unable to reach a settlement (D.I. 25); WHEREAS, the parties agreed to continue settlement discussions and contact Magistrate Judge Ryu's chambers within one week from February 7, 2011 to schedule a date for a further Settlement Conference (D.I. 25); WHEREAS, the parties had several discussions with Judge Ryu's chambers regarding settlement, and such discussions are ongoing; WHEREAS, the parties respectfully request the Court continue the Case Management Conference currently scheduled for April 5, 2011 by six weeks to May 17, 2011 so that the parties can pursue further settlement discussions; WHEREAS, there have been no other previous time modifications in the case, whether by stipulation or Court order, except, pursuant to stipulation filed October 8, 2010 (D.I. 4), the deadline for Triple C to answer Alexx's Complaint was extended to November 11, 2010; pursuant to stipulation filed November 22, 2010 (D.I. 15), the initial Case Management Conference was postponed to February 22, 2011; and pursuant to stipulation filed February 9, 2011 (D.I. 26), the initial Case Management Conference was postponed to April 5, 2011. NOW, THEREFORE, pursuant to Civil Local Rule 6-2, the undersigned parties hereby stipulate and respectfully request the Court order as follows: 1. The Tuesday, April 5, 2011 Case Management Conference shall be continued to

Tuesday, May 24, 2011 at 2:00 p.m. in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA 94612, or such other date as the Court may order. PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: March 31

, 2011. Honorable Claudia Wilken United States District Judge -1-

STIPULATION AND [PROPOSED] TO CHANGE TIME PURSUANT TO CIVIL L.R. 6-2 CASE NO. CV 10-3946 CW
SVCA_857197.1

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Submitted by: Dated: March 22, 2011 FOLEY & LARDNER LLP By: /s/ Steven J. Rizzi Steven J. Rizzi Gina A. Bibby Attorneys for Defendant Triple C Designs, Inc.

Dated: March 22, 2011

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

-2JOINT STIPULATION AND [PROPOSED] ORDER REQUESTING SETTLEMENT CONFERENCE CASE NO. CV 10-3946 CW
SVCA_857197.1

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: March 22, 2011

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

CERTIFICATE OF CONCURRENCE CASE NO. CV 10-3946 CW
SVCA_857197.1