Via Technologies, Inc. et al v. Vizio, Inc.

Filing 28

STIPULATION AND ORDER FURTHER EXTENDING DATE FOR COMPLETION OF MEDIATION re 27 Stipulation filed by Vizio, Inc. Signed by Judge Phyllis J. Hamilton on 11/16/11. (nah, COURT STAFF) (Filed on 11/16/2011)

1 DAVID N. MAKOUS, SB# 082409
E-Mail: [e-mail]
2 JOSHUA S. HODAS, SB# 250802
E-Mail: [e-mail]
3 LEWIS BRISBOIS BISGAARD & SMITH LLP
221 North Figueroa Street, Suite 1200
4 Los Angeles, California 90012
Telephone: [phone]
5 Facsimile: 213.250.7900
6 Attorneys for Vizio, Inc., a California
Corporation
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

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11 VIA TECHNOLOGIES, INC., a California
corporation, and VIA TECHNOLOGIES,
12 INC., a Taiwan corporation,

Honorable Judge Phyllis J. Hamilton

Plaintiffs,

13
14

CASE NO. CV11-0077 PJH

v.

15 VIZIO, INC., a Delaware corporation,
16

JOINT STIPULATED REQUEST FOR
AN ORDER FURTHER EXTENDING
DATE FOR COMPLETION OF
MEDIATION; [PROPOSED] ORDER

Defendant.

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18

Complaint Filed: January 7, 2011

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Trial Date: October 29, 2012

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Whereas, the Court referred this case for court mediation on July 5, 2011 and

23 subsequently, on joint stipulated motion of the parties, referred it to private mediation on July
24 11, 2011; and
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Whereas, Local Rule ADR 37 requires that mediation be held within 90 days of referral

26 to a mediator; and
27

LEWIS

Whereas the parties held a private mediation before Hon. Daniel Weinstein (ret.) of

28 JAMS on September 28, 2011; and

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4851-1510-9646.1

CV11-0077 PJH
JOINT STIPULATION FURTHER EXTENDING DATE FOR COMPLETION OF MEDIATION

1

Whereas the parties previously stipulated to, and the Court ordered, an extension of the

2 deadline to complete mediation until November 15, 201; and
3

Whereas, at that mediation an agreement in principal was achieved on the terms of

4 settlement of this case, and since then the parties have diligently pursued settlement, with
5 several draft settlement agreements having since been circulated among the parties; and
6

Whereas, the parties believe that a final settlement will be achieved soon;

7

The parties hereby respectfully request that any deadline to complete mediation be

8 further extended until December 15, 2011 in order to allow time for a final agreement to be
9 completed.
10 DATED: November 15, 2011

Respectfully submitted,

11
12

DAVID N. MAKOUS
JOSHUA S. HODAS
LEWIS BRISBOIS BISGAARD & SMITH LLP

13

By:

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15 DATED: November 15, 2011
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17

/s/ Joshua S. Hodas
Joshua S. Hodas
Attorneys for VIZIO, INC., a Delaware Corporation

J. DAVID HADDEN
JEDEDIAH WAKEFILED
TYLER G. NEWBY
SEBASTIAN KAPLAN
FENWICK & WEST LLP

18
By: /s/ Jedediah Wakefiekd (by permission)
Jedediah Wakefield
Attorneys for Plaintiffs VIA TECHNOLOGIES, INC.
(Taiwan) and VIA TECHNOLOGIES, INC. (California)

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[Proposed] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
ED

25 Dated: ______________
November 16, 2011

S DISTRICT
TE
C
TA

ERED

O ORD

IT IS S

RT
U
O

S

24

Honorable Phyllis J. Hamilton
United States amilton
H District Court Judge
hyllis J.
Judge P
Northern District of California

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LI

ER

28

A

H

LEWIS

RT

27

FO

NO

R NIA

23

N

F
D IS T IC T O
R

C

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4851-1510-9646.1

CV11-0077 PJH
2
JOINT STIPULATION FURTHER EXTENDING DATE FOR COMPLETION OF MEDIATION

ATTESTATION PURSUANT TO GENERAL ORDER NO. 45

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2
3

Pursuant to General Order No. 45 of the Northern District of California, I, Joshua S.
4
Hodas, attest that concurrence in the filing of this document has been obtained from each
5
of the other signatories to this document.
6
I declare under penalty of perjury under the laws of the United States of America
7
that the foregoing is true and correct. Executed this 15th day of November, 2011 at Los
8
Angeles, California.
9
10
By:

/s/ Joshua S. Hodas

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Joshua S. Hodas
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27

LEWIS

28

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4851-1510-9646.1

CV11-0077 PJH
3
JOINT STIPULATION FURTHER EXTENDING DATE FOR COMPLETION OF MEDIATION