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

Filing 30

SECOND JOINT STIPULATION AND ORDER FURTHER EXTENDING DATE FOR COMPLETION OF MEDIATION re 29 Stipulation filed by Vizio, Inc., Via Technologies Inc., Via Technologies, Inc. Signed by Judge Phyllis J. Hamilton on 12/16/11. (nah, COURT STAFF) (Filed on 12/16/2011)

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

10
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

Defendant.

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

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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

4837-6266-4462.1

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

1

Whereas the parties previously stipulated to, and the Court ordered, extensions of the

2 deadline to complete mediation until December 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 January 15, 2011 in order to allow time for a final agreement to be
9 completed.
10 DATED: December 15, 2011

Respectfully submitted,

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12

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

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By:

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15 DATED: December 15, 2011
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/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

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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.

ER

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BRISBOIS
ATTORNEYS AT LAW

4837-6266-4462.1

FO

Judg

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RT

28

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BISGAARD
& SMITH LLP

UNIT
ED

ERE
Honorable Phyllis J. HamiltonD
O ORD
IT IS S
United States District Court Judge
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Northern District of California ton
s J. Ham
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LEWIS

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12/16/11
25 Dated: ______________

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

ATTESTATION PURSUANT TO GENERAL ORDER NO. 45

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Pursuant to General Order No. 45 of the Northern District of California, I, Joshua S.
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Hodas, attest that concurrence in the filing of this document has been obtained from each
5
of the other signatories to this document.
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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 December, 2011 at Los
8
Angeles, California.
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10
By:

/s/ Joshua S. Hodas

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Joshua S. Hodas
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LEWIS

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BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4837-6266-4462.1

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