PQ Labs, Inc. et al v. Qi et al

Filing 77

ORDER by Judge Claudia Wilken Granting 76 Stipulation to extend deadline to conduct mediation (ndr, COURT STAFF) (Filed on 10/25/2013)

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OTTO O. LEE, CA Bar No. 173987
[e-mail]
KEVIN VIAU, CA Bar No. 275556
[e-mail]
INTELLECTUAL PROPERTY LAW GROUP LLP
12 South First Street, 12th Floor
San Jose, California 95113
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff PQ LABS, INC.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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INTELLECTUAL PROPERTY LAW GROUP LLP
12 South First Street, 12th Floor
San Jose, California 95113

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OAKLAND DIVISION

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PQ LABS, INC.,

Case No.: 12-CV-00450-CW

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Plaintiff,

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v.

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STIPULATED REQUEST AND ORDER TO
EXTEND DEADLINE TO CONDUCT
MEDIATION

YANG QI, ZAAGTECH INC., JINPENG LI,
and HAIPENG LI,
Defendants.

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STIPULATED REQUEST TO EXTEND DEADLINE TO CONDUCT MEDIATION
Pursuant to ADR LR 6-5, Plaintiff PQ Labs, Inc. (“Plaintiff” and “PQ Labs”) and Defendants

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Yang Qi, Zaagtech Inc. (“Zaagtech”), Jinpeng Li, and Haipeng Li (“Defendants”), by and through

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their respective counsel, hereby stipulate and request that the deadline to conduct mediation be

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extended to December 31, 2013.

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On October 14, 2013, the parties submitted a joint request to be excused from physical

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attendance at mediation to the ADR Magistrate Judge, Hon. Maria-Elena James pursuant to ADR LR

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6-10(d). The parties based their request on, among other things, the fact that the individual

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Defendants Yang Qi and Jinpeng Li, and the company representative of Defendant Zaagtech and the

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company representative of Plaintiff PQ Labs all reside in China and personal attendance at mediation
Case No.: 12-CV-00450-CW
Stipulated Request to Extend Mediation Deadline

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in the Bay Area would impose a substantial hardship in terms of time and expense of travel. The

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parties’ joint request was denied on October 22, 2013. As Yang Qi, Jinpeng Li, the company

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representative of Zaagtech, and the company representative of PQ Labs are presently located in China

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and cannot make travel arrangements from China to the Bay Area on extremely short notice to satisfy

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the pending mediation deadline, the parties are not available and not able to conduct a mediation

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before the October 31, 2013 deadline. Further extension of the mediation deadline was recommended

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by the ADR Magistrate Judge, Hon. Maria-Elena James in the order denying the parties’ request to be

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excused from physical attendance.

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Plaintiff and Defendants concur in this Request. The appointed mediator Michael Sobel has

INTELLECTUAL PROPERTY LAW GROUP LLP
12 South First Street, 12th Floor
San Jose, California 95113

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been informed of the parties’ intention to seek extension of the mediation deadline and is being

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served with a copy of this Request. A copy of this Request is also being served to the ADR Unit.

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Based on the foregoing, the parties respectfully request that the Court extend the deadline to
conduct mediation to December 31, 2013.

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Pursuant to Civil LR 5-1(i)(3), the filer hereby attests that concurrence in the filing of this document
has been obtained from each signatory below as indicated by “/s/”.

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Dated: October 25, 2013

Dated: October 25, 2013

By: /s/ Otto O. Lee
Otto O. Lee
Kevin Viau
INTELLECTUAL PROPERTY
LAW GROUP LLP
12 South First Street, 12th Floor
San Jose, California 95113
Telephone: [phone]
Facsimile: [phone]

By: /s/ Perry J. Narancic
Perry J. Narancic
LEXANALYTICA, PC
1730 S El Camino Real
San Mateo, California 94402
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff PQ Labs, Inc.

Attorney for Defendants Yang Qi, Zaagtech
Inc., Jinpeng Li, and Haipeng Li

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[PROPOSED] ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED

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Dated:

10/25/2013

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HON. CLAUDIA WILKEN
United States District Judge
Case No.: 12-CV-00450-CW
Stipulated Request to Extend Mediation Deadline

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CERTIFICATE OF SERVICE

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I certify that on October 25, 2013, I electronically filed the foregoing STIPULATED

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REQUEST AND [PROPOSED] ORDER TO EXTEND DEADLINE TO CONDUCT

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MEDIATION using the Court’s CM/ECF system, which will provide service by email to the

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following parties:

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Perry J. Narancic, Esq.
LEXANALYTICA, PC
1730 S El Camino Real, Suite 270
San Mateo, CA 94402
[e-mail]

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Attorney for Defendants Yang Qi, Zaagtech Inc., Jinpeng Li, and Haipeng Li
INTELLECTUAL PROPERTY LAW GROUP LLP
12 South First Street, 12th Floor
San Jose, California 95113

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By: /s/ Otto O. Lee
Otto O. Lee

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Case No.: 12-CV-00450-CW
Stipulated Request to Extend Mediation Deadline

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