Athena Feminine Technologies Inc. v. Wilkes et al

Filing 71

STIPULATION AND ORDER Case Management Conference set for 1/11/2012 03:45 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 9/28/11. (lrc, COURT STAFF) (Filed on 9/30/2011)

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1 2 3 4 5 6 7 JACK RUSSO (State Bar No. 96068) CHRISTOPHER SARGENT (State Bar No. 246285) COMPUTERLAW GROUP LLP 401 Florence Street Palo Alto, CA 94301 Telephone: (650) 327-9800 Facsimile: (650) 618-1863 E-mail: jrusso@computerlaw.com csargent@computerlaw.com Attorneys for Defendants DEREK WILKES, PELFIT TECHNOLOGIES, LLC, MORTON CORDELL AND SILK ROAD ASSOCIATES, LLC 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 ATHENA FEMININE TECHNOLOGIES, INC., Case No.: 4:10-cv-04868-SBA 13 Plaintiff, 14 STIPULATION AND ORDER EXTENDING DATES IN ORDER v. 15 16 17 18 DEREK WILKES, PELFIT TECHNOLOGIES LLC, MORTON CORDELL, SILK ROAD ASSOCIATES LLC, SIMON FAN and KING CHAMPION (HONG KONG) LTD, Defendants. 19 20 21 22 23 24 25 26 27 28 Computerlaw Group LLP computerlaw.comsm Stipulation and [Proposed] Order Extending Dates Case No. 4:10-cv-04868-SBA 1 This Mutual Stipulation is hereby entered into between Plaintiff Athena Feminine 2 Technologies, Inc. (“Plaintiff”) and Defendants Derek Wilkes, Pelfit Technologies, LLC, Morton 3 Cordell, Silk Road Associates LLC, and King Champion (Hong Kong) Ltd. (collectively, 4 “Defendants”) by their respective counsel. 5 6 RECITALS A. On September 13, 2011, Hon. Judge Armstrong issued an Order Granting In Part And 7 Denying In Part Defendants’ Motion To Dismiss And Granting In Part And Denying In Part 8 Defendants Morton Cordell And Silk Road Associates LLC’s Motion To Compel Arbitration And To 9 Stay Proceedings (the “Order”). 10 B. Judge Armstrong’s Order referred the instant action to Magistrate Judge Donna Ryu 11 for a mandatory settlement conference to take place within sixty (60) days of the date of the Order. 12 Following applicable Court Rules, the last possible date for the mandatory settlement conference is 13 thus November 14, 2011. 14 15 16 C. The Order additionally set for November 16, 2011 at 2:30 p.m. a telephonic Case Management Conference. D. On September 14, 2011, Magistrate Judge Donna Ryu’s Clerk contacted the parties to 17 advise that the only two available dates for the mandatory settlement conference are October 21, 18 2011 or October 31, 2011. On September 16, 2011, the office of counsel for Defendants Wilkes, 19 Cordell, and Silk Road LLC contacted Magistrate Judge Donna Ryu’s Clerk and was advised that the 20 only additional date available to hold a settlement conference would be November 7, 2011. 21 22 23 E. Steven Finley and Hennefer, Finley & Wood LLP, counsel for Plaintiff, are unavailable on October 21, 2011 due to other previously scheduled commitments. F. Jack Russo and Computerlaw Group LLP, counsel for Defendants Derek Wilkes, 24 Morton Cordell, and Silk Road LLC, are unavailable from October 21, 2011 through at least 25 November 19, 2011, due to their representation of another party at a private trial in Los Angeles, 26 California, before Hon. Judge Collins (Ret.) in a case pending in the Los Angeles Superior Court, 27 entitled “Aramark Uniform and Career Apparel LLC v. DAZ Systems, Inc.” 28 Computerlaw Group LLP computerlaw.comsm Stipulation and [Proposed] Order Extending Dates Case No. 4:10-cv-04868-SBA 1 G. 1 The parties desire to comply with the Order and attend the settlement conference, and 2 submit a meaningful Case Management Conference Statement no less than seven (7) days before the 3 Case Management Conference. Accordingly, the Parties hereby agree as follows: 4 5 STIPULATION 1. 6 7 extended by 32 days to December 15, 2011. 2. 8 9 10 The parties shall appear for a telephonic Case Management Conference on January 11, 2012 at 3:45 p.m. Prior to the date scheduled for the conference, the parties shall meet and confer and prepare a joint Case Management Conference Statement. 3. 11 12 The time within which a mandatory settlement conference is to take place shall be Plaintiff is responsible for filing the joint statement no less than seven (7) days prior to the conference date. 4. 13 The joint statement shall comply with the Standing Order for All Judges of the 14 Northern District of California and the Standing Orders of this Court. Plaintiff is responsible for 15 setting up the conference call. On the specified date and time, Plaintiff shall call (510) 637-3559 with 16 all parties on the line. 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 Computerlaw Group LLP computerlaw.comsm Stipulation and [Proposed] Order Extending Dates Case No. 4:10-cv-04868-SBA 2 1 IT IS SO STIPULATED: 2 Dated: September 21, 2011 HENNEFER, FINLEY & WOOD, LLP 3 By: 4 5 /s/ Steven C. Finley Steven C. Finley Attorney for Plaintiff ATHENA FEMININE TECHNOLOGIES, INC. 6 7 8 Dated: September 26, 2011 COMPUTERLAW GROUP LLP 9 By: 10 11 /s/ Christopher Sargent Jack Russo Christopher Sargent Attorneys for Defendants DEREK WILKES, PELFIT TECHNOLOGIES, LLC, MORTON CORDELL AND SILK ROAD ASSOCIATES, LLC 12 13 14 ATER WYNE LLP 15 16 Dated: September 26, 2011 By: 17 /s/ Daniel Larson Daniel Larson Attorney for Defendant KING CHAMPION (HONG KONG) LTD. 18 19 ATTORNEY ATTESTATION 20 Pursuant to General Order 45, I hereby attest that concurrence in the filing of this document 21 has been obtained from the signatory indicated by a ‘conformed’ signature (/s/) within this e-filed 22 document. 23 /s/ Christopher Sargent 24 25 26 IT IS SO ORDERED: Dated: 9/28/11 __________________________________ Hon. Saundra Armstrong United States District Judge 27 28 Computerlaw Group LLP computerlaw.comsm Stipulation and [Proposed] Order Extending Dates Case No. 4:10-cv-04868-SBA 3

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