Melian Labs Inc. v. Triology LLC

Filing 34

ORDER by Judge Saundra Brown Armstrong Granting 33 Stipulation (ndr, COURT STAFF) (Filed on 3/5/2014)

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DLA PIPER LLP (US)
GINA DURHAM (Illinois SBN: 629684)
(pro hac vice)
([e-mail])
SHANNON MO (California SBN: 267720)
([e-mail])
AMANDA MORGAN (California SBN: 246277)
([e-mail])
555 Mission Street, Suite 2400
San Francisco, CA 94105-2933
Telephone:
415.836.2500
Facsimile:
415.836.2501

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Attorneys for Defendant and Counter-Plaintiff
TRIOLOGY, LLC

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IN THE UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MELIAN LABS INC., a Delaware
corporation,
Plaintiff,

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STIPULATION AND ORDER
EXTENDING DEADLINE TO COMPLETE
MEDIATION

v.

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CASE NO. 4:13-cv-04791-SBA

TRIOLOGY, LLC, a Delaware limited
liability company, and DOES 1-10,

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Defendants.
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TRIOLOGY, LLC, a Delaware limited
liability company, and DOES 1-10,

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Counter-Plaintiffs,
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v.
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MELIAN LABS INC., a Delaware
corporation,

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Counter-Defendant.
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///

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//

DLA P IPER LLP (US)
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-1STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO COMPLETE
MEDIATION C 13-04791 SBA

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STIPULATION AND ORDER

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This stipulation is entered into by and between Plaintiff and Counter-Defendant Melian

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Labs Inc. (“Melian”) and Defendant and Counter-Plaintiff Triology, LLC (“Triology”) by and

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through their respective attorneys of record, with reference to the following facts:

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1.

For the reasons set forth below, and subject to the approval of the Court, the

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Parties stipulate and request that the Court order an extension of the deadline to complete

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mediation in this matter to April 30, 2014. Good cause and the background for this request is set

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forth below:

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2.

On December 30, 2013, this Court issued its Order Granting Stipulation of

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Mediation under A.D.R. L.R. 6 as the Parties’ selected ADR process. The presumptive deadline

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to hold the ADR session is March 31, 2014.

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3.

On January 14, 2014, this Court notified the Parties that the mediator assigned to

this case is Mr. William N. Hebert of Calvo, Fisher & Jacob LLP (the “Mediator”).

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4.

Following receipt of the Court’s December 30, 2013 Order and January 14, 2014

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Notice, the Parties met and conferred several times in January and February 2014 to agree upon

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the Mediator and a date for a mediation. The Parties and the Mediator agreed to conduct the

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mediation on February 24, 2014 (the “Mediation”), and all Parties agreed to appear in person and

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with their respective counsel.

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On or about February 21, 2014, Triology’s counsel received an urgent message

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from Triology’s President, Jon Eaves (“Mr. Eaves”), in which Mr. Eaves notified counsel that his

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mother had been placed in intensive care in Australia, and that he was unable to appear in person

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for the Mediation as scheduled.

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6.

On February 21, 2014, Triology promptly informed Melian and the Mediator of

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the unexpected change in circumstances. The Mediation was cancelled and the Parties and the

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Mediator agreed to reschedule the Mediation.

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7.

The Parties and the Mediator met and conferred in February 2014 and agreed to

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reschedule the Mediation for March 18, 2014 so that all Parties and their counsel could appear in

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person.

DLA P IPER LLP (US)
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-2STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO COMPLETE
MEDIATION C 13-04791 SBA

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On March 3, 2014, Triology informed its counsel that Mr. Eaves’ mother had

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passed away on March 3, 2014. Given the unexpected change in circumstances, Triology

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contacted Melian and the Mediator to inform them Triology would no longer be able to appear in

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person on the scheduled Mediation date of March 18, 2014.

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Given the hardship and unforeseen circumstances, and the need to have the Parties

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and their counsel and the Mediator available on the same date, it is not possible to schedule the

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Mediation in person before March 31, 2014.

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10.

Subject to the approval of this Court, the Parties stipulate and request that the

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Court order an extension of the deadline to complete Mediation in this matter to April 30, 2014.

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Melian believes that a mediation that allows all parties to attend in person is necessary to create

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the best environment for settlement.

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NOW THEREFORE, THE PARTIES HEREBY STIPULATE AS FOLLOWS:

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Subject to the approval of the Court:

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The deadline to complete the mediation in this matter is extended to April 30, 2014.

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IT IS SO STIPULATED.

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Dated: March 3, 2014

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Respectfully submitted,
DLA PIPER LLP (US)

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By: /s/ Shannon Mo
GINA DURHAM
SHANNON MO
AMANDA MORGAN

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Attorneys for Defendant and CounterPlaintiff
TRIOLOGY, LLC

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DLA P IPER LLP (US)
SAN FRANCISCO

EAST\66925241.3

STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO COMPLETE
MEDIATION C 13-04791 SBA

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Dated: March 3, 2014

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Respectfully submitted,
THE TAILLIEU LAW FIRM LLP

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By: /s/ Raffi V. Zerounian
RAFFI V. ZEROUNIAN

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Attorneys for Plaintiff and CounterDefendant
MELIAN LABS INC.

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DLA P IPER LLP (US)
SAN FRANCISCO

EAST\66925241.3

STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO COMPLETE
MEDIATION C 13-04791 SBA

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ATTESTATION OF CONCURRENCE IN FILING
Pursuant to Local Rule 5-1(i)(3), the filer hereby attests that concurrence in the filing of

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this document has been obtained from Raffi V. Zerounian which shall serve in lieu of his

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signature on the document.

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Dated: March 3, 2014

DLA PIPER LLP (US)

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By: /s/ Shannon Mo
GINA DURHAM
SHANNON MO
AMANDA MORGAN

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Attorneys for Defendant and CounterPlaintiff
TRIOLOGY, LLC

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DLA P IPER LLP (US)
SAN FRANCISCO

EAST\66925241.3

STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO COMPLETE
MEDIATION C 13-04791 SBA

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ORDER

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Based on the foregoing stipulation of the Plaintiff and Counter-Defendant, and the

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Defendant and Counter-Plaintiff, and good cause appearing therefor,

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IT IS HEREBY ORDERED THAT:

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The deadline to complete the mediation in this matter is extended to April 30, 2014.

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3/5/2014
DATED: ____________________

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By: ______________________________
The Honorable Saundra Brown Armstrong
United States District Judge

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DLA P IPER LLP (US)
SAN FRANCISCO

EAST\66925241.3

STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO COMPLETE
MEDIATION C 13-04791 SBA